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People in the United States, including Arizona residents, expect a right to privacy within their own property. The wording of the U.S. Constitution expressly forbids police officers from conducting “unreasonable” search and seizure, which means they cannot enter private property without a warrant. However, for centuries, court cases have attempted to define the parameters…

In Arizona, spouses are treated differently when it comes to courtroom testimony compared to unrelated individuals. The marriage contract between two parties is a legal contract as well as an emotional bond. Arizona considers this bond a privilege when it comes to testifying in both criminal and civil cases. Just as in other privileged…

Like most states, Arizona takes drinking and driving seriously. Driving while impaired can have deadly consequences as well as stiff legal penalties. Arizona also seeks to limit the risk of drunk drivers on the roadways by prohibiting open containers of alcohol in vehicles. You do not have to be intoxicated in order to face…

Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v….

Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary…

Share in the discussion with an experienced gun crime attorney. Learn about potential defenses in Arizona law to charges of robbery, grand theft, larceny, shoplifting, and theft crimes generally. Arizona armed robbery held not a violent felony for purposes of the Armed Career Criminal Act, a federal statute imposing minimum mandatory sentencing for repeat…

Mandatory probation in Arizona sentencing is for people convicted of non-violent drug crimes, so long as they do not have three prior narcotics convictions for personal possession. If three strikes, then no probation. Prior conviction for solicitation to sell narcotics did not disqualify defendant for mandatory probation. Nor was it a personal possession conviction…

Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway (to learn more about this new legislation, contact a DUI criminal defense attorney with Arizona Law Group). Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it…

For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was…

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of…