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Arizona Vehicular Law

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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How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

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Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

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DM Cantor

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