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Arizona Vehicular Law

Charged with Possession of Another Person’s Prescription Drug

Charged with Possession of Another Person’s Prescription Drug

Drug possession charges often carry stiff penalties. Even being in possession of another person’s prescription drugs can result in felony charges. In Arizona, the penalty for drug possession depends on the type and amount of the drug found on a person as well as the individuals past criminal history. An experienced criminal defense attorney can mount several defenses to Below are some common charges that can result from being in possession of prescription drugs:

Potential charges relating to possession of a prescription-only drug in Arizona

Unlawful possession of a prescription-only drug

Individuals may be convicted of unlawful possession of a prescription-only drug when they knowingly possess prescription-only drugs belonging to another person, including friends and family members. In order to be convicted of unlawful drug possession, the state must prove both that the accused knowingly possessed the drug and that the accused knew that the drug was a prescription-only drug.

The penalties for possessing a prescription-only drug are relatively mild compared to other drug charges. Unlawfully possessing a prescription-only drug is a misdemeanor and carries with it a sentence up to six months in jail, potentially up to $4,575 in fines and penalties, and three years on probation.

Possession or use of a dangerous drug

Dangerous drugs” are defined as any narcotic other than marijuana and include certain prescription drugs, such as Oxycontin, Percocet, Vicodin and benzodiazapines. Although the elements of the crime are similar to the unlawful prescription-only drugs, possession or use of a dangerous drug carries with it a much more stringent penalty. The crime is a class 4 felony and is punishable by up to fifteen years in prison, depending on the defendant’s prior criminal history.

Judges have the authority to sentence defendants convicted of dangerous drug possession as a class 1 misdemeanor. Further, pursuant to Proposition 200, defendants who are first or second-time drug offenders can only be sentenced to probation, in a addition to drug treatment, community service and fines. Although defendants may be sentenced for short jail stays for up to 2 weeks for probation violations, the judge must reinstate probation upon completion of jail time.
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Arizona DUI Defense – Blood Test Inaccuracies for 2019

Arizona DUI Defense – Blood Test Inaccuracies for 2019

How to Defend against a DUI Charge in Arizona:  5 Ways Blood Tests Can Be Inaccurate

In Arizona, drivers may be charged with a DUI if their blood alcohol content is 0.08% or higher. Blood tests are widely accepted as being the most accurate way of determining blood alcohol concentration in drivers suspected of DUIs and are often the only objective evidence of a defendant’s guilt, making the validity of the test a central question in a DUI trial.

Chart Showing Blood Alcohol Count - BAC Readings

Source: Stanford University

According to Stanford University, the effects of BAC levels can vary from person to person, male or female, slender or heavier; even medication can play a significant role on the blood alcohol readings. Stanford has published a BAC Graph showing the levels of blood alcohol.

Contrary to popular belief, blood tests are not always conclusive in proving that a driver’s blood alcohol content was above the legal limit. As explained below, many factors affect the accuracy of blood test results.

If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your BAC results come back at a reading of .08% or greater. This process can take between one (1) and six (6) months for your results to return. In the event your BAC readings are above a .08% the officer will send a suspension of driving privileges to the Arizona MVD office. You will then be notified with a “Corrective Action Notice” (i.e., notice of suspension). As soon as you receive this from the DMV, speak to our certified Phoenix DUI Specialist immediately so we can start the DUI Defense process and request a hearing on your behalf. This hearing request needs to be done within fifteen (15) days of the date of that suspension notice.


How can blood alcohol test results be challenged?

Below are 5 common categories of problems that may lead to the dismissal of DUI charges against defendants who have undergone blood alcohol testing:

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Penalties for Possession of Drugs for Sale in Arizona

Penalties for Possession of Drugs for Sale in Arizona

In the state of Arizona, if you are caught using or in possession of a drug such as meth (methamphetamines) or other narcotics, you can be charged with a class 4 felony. This includes drugs like hallucinogenic drugs, prescription medications, and amphetamines.

What is Dangerous Drug Possession in Arizona?

According to Arizona Revised Statute, ARS 13-3407 prohibits the use and possession of dangerous drugs. It also prohibits:

  • The sale of dangerous drugs.
  • The possession of any chemical and supplies that are used in the production of making drugs.
  • The manufacturing of dangerous drugs.
  • Giving the drugs to someone else, regardless of whether or not you made a profit off of it.
  • Getting dangerous drugs by misrepresentation, deceit, and fraud.
  • Transporting the drugs into Arizona or within the state.

What are the dangerous drugs outlined in this law? Well, they are broken down into several categories, and they are:

  • Any type of amphetamines, this includes meth.
  • Any type of hallucinogenic substance. For example, acid and mescaline.
  • Any type of drug that gives off a depressant effect on the central nervous system.
  • Any anabolic steroids. This includes the use of testosterone.

One important thing to remember in the state of Arizona is that if you have any drug, no matter what form it is in, it is illegal to possess unless you have a doctor’s written prescription. In certain ways the laws are worded, you could have a small ingredient of a particular drug that could make you responsible for having the drug in your possession. You could face punishment for it just like you would if you had the entire drug in front of you.

Here at DM Cantor, we see these types of felony drug charges frequently and can help you to get your drug charge dismissed, reduced, or another positive outcome. We have many years of experience in drug cases and can help you to beat your charges. If you have been charged with possession of drugs for sale or transporting drugs in Arizona, contact our office today so that we can help you.

 

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What are some Causes of False Positives for DUI Breathalyzer Tests

What are some Causes of False Positives for DUI Breathalyzer Tests

We have all been there with that unsettling feeling that you get when you see the flashing lights in your rearview mirror and hear a patrol car’s siren coming upon you. However, what happens next can be life changing. If that officer asks you to take a breathalyzer test, the results can have a monumental effect on your life, liberty and freedom. Failing a breathalyzer test means that you are over the legal limit for your blood alcohol content (BAC) and criminal prosecution will ensue. The following talks about the accuracy of breathalyzer tests and your defense against these seemingly infallible results.

What is a false positive breathalyzer test?

While most prosecutors and law enforcement officials would have you believe that the results of a breathalyzer test are infallible, that is a bit of a stretch on the truth. Generally, breathalyzer tests are only accurate approximately 40% of the time. Factor into that statistic that the testing equipment itself has an inherent margin of error between .005 and .02% in its BAC readings. Taken into consideration, these various characteristics can lead to a false positive reading by a breathalyzer test. That false positive reading means that you will be charged with driving under the influence (DUI), a very serious crime which can have wide ranging implications on your daily life.

Appropriate and qualified administration of a breathalyzer test

The appropriateness and administration of a breathalyzer test is a very important factor in determining what your true BAC actually is. In terms of appropriateness, timing makes all the difference. One instance of timing making a difference is with your blood alcohol being “on the rise.” This rising occurs because it can take anywhere between fifty (50) minutes to three (3) hours for your system to fully absorb any alcohol that you may have imbibed. Thus, your blood alcohol level could have been within the legal limit while driving, but between the time you were stopped and the test administered, your BAC could have risen just enough to put you over the legal limit.

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Penalties for Hit and Run Charges in The State of Arizona

Penalties for Hit and Run Charges in The State of Arizona

Automobile accidents can be traumatizing, stressful and expensive. In Arizona, when an accident is caused and either the party responsible or not responsible has left the scene of where the accident happened, that is called “fleeing the scene of an accident”, or more popularly known as a “hit and run” or ARS 28-662.

Even if the vehicle that was struck was unoccupied, the person that hit the vehicle is responsible for attempting to locate the owner. If unable to find the owner, a note with the driver’s contact information must be left in a visible location. If this is not done, serious penalties can happen.

What are the Penalties for a Hit and Run in Arizona?

Of the 50 states, Arizona ranked number 5 in a study conducted by AAA that ranks the states on their hit and run fatalities of 2018. Below we outline the different types of hit and run accidents and their potential penalties. They range due to the severity of the accident and those involved. In any case, it is always recommended for those that left the scene to seek legal advice from a hit and run attorney to investigate the incident and look for the best possible outcome.

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What Happens if I Violate my Bail Conditions?

What Happens if I Violate my Bail Conditions?

If you’re arrested for a crime in Arizona, you will likely be given a bond by the judge in your case. When you receive this bond, you’ll have to abide by several “bail conditions.” What are these bond conditions? They’re particular to every case, but in most instances, they will be based on special factors related to your crime. If you were arrested for driving while intoxicated, for instance, you will likely be required to attend alcohol classes or put an interlock device in your car. You may be required to avoid contact with any victim in your case. Almost each types of bond in Arizona will include conditions related to avoiding drug use or future crimes. The interesting question then revolves around what happens if you violate these conditions. Here’s a guide.

Man vs. Judge: What options will the court have if I violate my bail conditions?

At the outset, you should know that the trial judge will have the power to revoke your bond if you fail to live up to the conditions under which it was imposed. Judges have significant leeway to make their own decisions during this process. Some will give you a break, allowing you to continue on bond. Others will drive a hard bargain, revoking your bond the first time you make a mistake. Your will lawyer should have a good sense of just how restrictive your judge will be.

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What is Reasonable Suspicion to Search My Car?

What is Reasonable Suspicion to Search My Car?

If a police officer has pulled you over and searched your car, you may have had questions about what your rights are and what the police are allowed to do.

  • What do police officers need to pull me over?
  • Can they search my car even if I haven’t committed a crime?
  • What do I need to know to protect myself?

While the specific answers depend on the situation, there are four critical things that you need to know about reasonable suspicion and what rules the police must follow.

Watch this short video from David Cantor about “No Reasonable Suspicion to Stop

1. What is Reasonable Suspicion to Search?

The only standard that a police officer needs to meet to pull your car over—which is also known as an investigatory stop—is reasonable suspicion, but what does that mean? Reasonable suspicion in its most basic sense says that “an officer has reasonable suspicion to believe that a crime has been committed.” While this standard may seem simple, reasonable suspicious contains other rules that must also be met.

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What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

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