Blog Articles – Criminal Defense & DUI

My Car Was Running, But I Was Sleeping in the Back Seat, Can I Get a DUI?

According to the Arizona Revised Statutes (ARS 28-1381), a person can be convicted of DUI if they are “in actual physical control” of a vehicle while under the influence, regardless of whether they are driving. However, the laws have been interpreted to mean that a person sleeping in their vehicle, even if the vehicle is stationary, can be considered “in control” of the vehicle.

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DUI Charge for Driving While Under the Influence of Marijuana Edibles

Marijuana edibles are food products infused with cannabinoids. Edibles can come in many forms, including baked goods, candies, drinks, and more. The effects of edibles can be more potent and longer-lasting than smoked or vaped marijuana. The delayed onset and prolonged effects of edibles can lead to drivers unaware that they are impaired, potentially leading to a DUI charge.

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Case Study: Implications of Ignition Interlock for Non-Vehicle Owners

In DUI law, certain landmark court decisions can profoundly impact legal practice and public policy. The Stowe case, a pivotal DUI case in the state’s legal history, has significantly altered Arizona’s DUI sentencing landscape. The court’s ruling was a 45-day jail sentence, of which all but 14 days could be waived if an ignition interlock device was installed in her vehicle for a year.

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Drug Convictions May Impact Your Financial Aid Eligibility or Student Loans

The impact of a drug conviction on a person’s life can be devastating, with far-reaching consequences that can affect their future in numerous ways. One critical aspect often overlooked is the effect of a drug conviction on student loans and financial aid. For many young people, pursuing higher education is crucial in building a stable and successful career. However, a drug conviction can significantly hinder their progress and access to the financial support necessary for their education.

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Probation Violations in Arizona: Understanding the Process and Protecting Your Rights

Probation is an alternative to incarceration for many individuals convicted of crimes in Arizona. When granted probation, offenders can remain in their communities under strict supervision and must adhere to specific conditions set forth by the court. However, a probation violation can result in severe consequences, including revocation and potential jail or prison time.

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Self-Defense Against Security Guard or Bouncer: Options if a Bouncer Uses Force

Security personnel can use reasonable force to protect themselves and others, maintain order or prevent criminal activity. However, they are not allowed to use excessive or unnecessary force. Understanding the distinction between reasonable and unreasonable force is crucial when determining if a self-defense claim is warranted.

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Out-of-State DUI Charge for Arizona Commercial Drivers License (CDL): Consequences, Defense, and Legal Help

If you hold an Arizona Commercial Driver’s License (CDL) and face a DUI charge in another state, it’s essential to understand the potential impact on your driving privileges and livelihood. Arizona has strict laws governing DUI offenses for CDL holders, and an out-of-state DUI can have severe consequences on your CDL status, employment, and more.

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Drug Possession Defense Attorney: Defending Against Meth Possession Charges in Mesa, Arizona

Methamphetamine, also known as meth, is classified as a dangerous drug under Arizona law. As per Arizona Revised Statutes §13-3407, it is illegal to knowingly possess, use, sell, or manufacture methamphetamine. Depending on the circumstances of each case, the charges can be classified as simple possession, possession for sale, or manufacturing.

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Stalking Laws in Arizona: Definition, Penalties, and Defenses

Stalking is defined under Arizona Revised Statutes § 13-2923 as engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear. A course of conduct can include any repeated and intentional act, including following, contacting, surveilling, or threatening the victim or the victim’s immediate family members. It is important to note that the victim’s fear must be reasonable, meaning that a reasonable person in the victim’s position would feel fear.

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What is the Statute of Limitations on Domestic Violence Charges?

According to ARS section 13-107, the statute of limitations for misdemeanor domestic violence charges in Arizona is one year. This means prosecutors must file charges within one year of the alleged incident. However, there are some exceptions to this rule. If you have been accused of domestic violence crimes and the statute of limitations is an issue in your case, it is vital to seek the help of a criminal defense lawyer from the Shah Law Firm as soon as possible.

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What Happens if I Get a DUI in a Rental Car in Arizona?

In the state of Arizona, DUI laws apply to all drivers, whether they’re driving a personal vehicle or a rental car. It’s important to remember that the penalties for these DUI charges can be severe, even when driving a rental car. These penalties may include jail time, fines, license suspension, points on your criminal record, and mandatory installation of an ignition interlock device (IID). A DUI in a rental car can also lead to further complications with the rental car company and your insurance provider.

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Can I Get a DUI on an Electric Bike or a Motorized Bicycle in Arizona?

In Arizona, you can be charged with DUI on a bicycle that has a motor under Arizona Revised Statute § 28-1381. This law governs DUI offenses in the state, defining a motorized vehicle as any “self-propelled ” vehicle operated on public roads. While electric bikes and motorized bicycles might seem to fall under this definition, there is some confusion as to whether they are considered motor vehicles in the context of DUI laws.

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Is Verbal Abuse as Serious as Domestic Abuse? Understanding Arizona Domestic Violence Law

Verbal assault and domestic abuse are distinct offenses under Arizona law. Verbal assault, also known as disorderly conduct, is defined in Arizona Revised Statutes (A.R.S.) §13-2904, which states that a person commits disorderly conduct by engaging in behavior that disturbs the peace, such as using offensive language or gestures. On the other hand, domestic abuse is governed by A.R.S. §13-3601. It includes a variety of offenses committed against a family or household member, including physical assault, sexual assault, and emotional abuse.

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Drug Court in Maricopa County: Eligibility and the Potentially Life Changing Benefits

Drug addiction and substance abuse have become increasingly prevalent in today’s society. Arizona has implemented various programs to address this issue, including the Maricopa County Adult Drug Court Program. This specialized court aims to provide eligible defendants with an alternative to traditional prosecution and incarceration, focusing on rehabilitation and treatment

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Scottsdale Cocaine Charges- The Severe Implications of a Drug Conviction in Arizona

The severity of a cocaine conviction in Scottsdale largely depends on the amount of cocaine involved and the specific offense. According to A.R.S. § 13-3408, possession of any amount of cocaine is considered a class 4 felony. However, you are not alone. A skilled criminal defense lawyer from the Shah Law Firm can make a significant difference in defending against cocaine charges in Scottsdale.

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Can I Get a DUI on Private Property in Arizona?

DUI laws generally apply to public roads and highways but can also extend to private property in certain circumstances. The definition of “public highway or road” in Arizona includes any road, street, or highway that is open to the public for vehicular travel. However, the law does not explicitly exclude private property from its purview, which means that it is possible to be charged with a DUI on your own property or other private lands.

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Arizona’s Self-Defense Laws: Is Attacking an Intruder in Your Own Home Assault?

The Castle Doctrine is a legal principle that states that a person has the right to defend their home with deadly force against an intruder without having a duty to retreat. It’s a natural human response to want to defend oneself and one’s property in such situations. However, there are legal boundaries to what constitutes self-defense, and the consequences of going beyond these limits can be severe.

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Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

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Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

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Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

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R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

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Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

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Michael Pittman (Attorney Peer)

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T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

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Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
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