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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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Felony Arson Charges and Possible Defenses in Arizona

Felony Arson Charges and Possible Defenses in Arizona

Arson is a serious crime in the state of Arizona, pursuant by A.R.S. §13-1703 and §13-1704 “Arson” takes place when an individual knowingly and unlawfully causes a fire or an explosion that damages property or a structure. If you were charged with Arson, and need an Arson attorney, contact DM Cantor for a free consultation (602) 307- 0808.

What Punishments can You Get if Convicted of Arson?

  • Class 2 Felony Arson – Being charged with arson can be bad, however, it’s even worse if the property was occupied, then you could be facing a class two (2) felony.

The punishment for a class two (2) felony may include probation with zero (0) days to one (1) year jail time or three (3) years to 12 and a half (12.5) years in jail. If the individual being tried has one previous allegeable conviction, then the range for “prison only” can be from four and a half (4.5) years to twenty-three and a quarter (23.25) years of incarceration. If the individual has two (2) prior allegeable convictions, then the range for “prison only” can be from ten and a half (10.5) years to thirty-five (35) years in prison.

  • Class 4 Felony Arson – If the property was not occupied, or the structure is worth more than $1000.00 in value, then the individual could be looking at being charged with a class four (4) felony for Arson.

The punishment for a class four (4) felony may include probation with zero (0) days to up to one (1) year spent in jail, or prison time can range from one (1) year to three and three quarter (3.75) years. If the individual being tried has one prior allegeable conviction, then the range for “prison only” can be from two and a quarter (2.25) years to seven and a half (7.5) years in jail. If the individual has two (2) prior allegeable convictions, then the range for “prison only” can be from six (6) to fifteen (15) years in prison.

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Sex Abuse Charges, Laws, Penalties and Defenses in Arizona

Sex Abuse Charges, Laws, Penalties and Defenses in Arizona

Charges for sex abuse can vary from state to state, however, each state carries serious consequences for sex abuse convictions.

Arizona Revised Statute (ARS 13-1404) is where a person intentionally engages in any kind of sexual contact with a person who is the age of 15 or more who does not consent. This also includes any person under 15 where the sexual contact only involves the breast of a female. This may also end up with the charge of sexual conduct with a minor. 

What Constitutes Sexual Contact?

You can be charged with sexual contact if you have directly or indirectly touched, manipulated, or fondled the genitals, female breast, or anus against the will of the other person. Causing a person to unwillingly touch another person can also constitute as sexual contact. These cases may also be known as “fondling cases”.

If you have been charged with a sex crime in Arizona, you will want to call a well experienced sexual abuse lawyer. Contact DM Cantor today 24/7 at 602-307-0808. You will be able to set up a free consultation where we can help you build a defense for your charges.

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Federal Racketeering and the RICO Act: Examples, Penalties & Defenses

Federal Racketeering and the RICO Act: Examples, Penalties & Defenses

Racketeering (ARS 13-2314 04) covers a wide range of activity with different people, groups and organizations. It is a very serious federal criminal offense that is punishable by fines and/or imprisonment. Originally, racketeering was criminal activity that law enforcement limited to organized crime. A “racket” is an organized business or a group of people that conducts business illegally for monetary gain.

Drug trafficking, money laundering, embezzlement of funds are all forms of racketeering. However, due to infiltration of organized crime into the legitimate corporate world in exchange for money, the lines have blurred over the decades, casting a wider view of racketeering and white collar crime in general.

What Is Racketeering?

The classic Merriam-Webster Dictionary definition of racketeering, or a racketeer, is someone who illegally gets money from someone, normally via intimidation. A broader definition of the term is the illegal methods of getting money or offering false services in exchange for money. Extortion, blackmail, bribery, kidnapping for monetary ransom…all of these falls under the racketeering umbrella.


RICO Act (Racketeer Influenced & Corrupt Organization)

The Organized Crime Control Act of 1970 as a whole became law on October 15, 1970. The original purpose of the creation of the RICO statute was to stop the infiltration of organized criminal activity into legitimate businesses. An example of this is the timeless film, The Godfather. The Corleone family was a major crime family in New York City. However, they used an olive oil company as a family business to cover their illegal business practices.

The first documented RICO conviction was a La Cosa Nostra boss in New York City named Frank Tieri. Mr. Tieri was convicted on November 21, 1980 of racketeering charges that included threats to a restaurant owner, loansharking (extortion), and fraudulent activity at the Westchester Premier Theater with proven affiliation to the Genovese crime family. Since this time, however, the RICO act has expanded to include any group that is conducting illegal activity under the racketeering umbrella. This can include corrupt police officers and politicians, street gangs, even businesses and corporations.

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Charges of Illegal Insider Trading

Charges of Illegal Insider Trading

What is Insider Trading?

Illegal insider trading is defined as follows: “the illegal use of information available only to insiders in order to make a profit in financial trading” – Merriam Webster

‘Illegal Insider Trading’charges can result in a maximum fine of $5,000,000 for individuals ($25,000,000 for companies) and a federal prison sentence of up to 20 years! With all charges, if you have been accused of this, the first thing to do is to speak with a white collar crimes attorney.


Why is Insider Trading Illegal?

Insider trading is considered illegal for a few reasons. First, when an employee or a broker for someone is a fiduciary of said person, corporation, government, etc., he or she gives his or her trust and loyalty, acting in the best interest of the person, business or government he or she is representing. Giving clandestine information to someone for financial gain that conflicts with one’s fiduciary duties is not only illegal, but also unfair.

Second, the stock market is supposed to be an even playing field for everyone (hence the term, “gone public”). For someone to have secretive information that no one else has and use it for their own financial gain is very unethical. Stephen Cutler, who is the Director of Enforcement of the SEC eloquently made the following statement in reference to the Martha Stewart case:

“It is fundamentally unfair for someone to have an edge on the market just because she has a stockbroker who is willing to break the rules and give her an illegal tip. It’s worse still when the individual engaging in the insider trading is the Chairman and CEO of a public company.”

It is similar to being the only person to have the answers to a major test, and you win a scholarship to an Ivy League university because of it. It is cheating, unless it cannot be proven.

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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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Arizona Laws for Legally Cultivating Marijuana

Arizona Laws for Legally Cultivating Marijuana

You might think that because Arizona and Colorado are neighbors, that Arizona might adopt the same laws as Colorado when it comes to marijuana. However, this is not the case. Arizona has some of the strictest laws in the country. In November of 2016, there was a measure that would have legalized marijuana. It was called Proposition 205. It failed by a narrow margin, and Arizona still has some of the strongest laws known in the United States.

Rules for Possession of Marijuana

The only way that you can legally grow marijuana in the State of Arizona is if you have a medical marijuana ID card. This must be given only by a licensed MD., DO, or N.D. in Arizona. When you have a medical card, this will allow you to possess 2.5 ounces of medical marijuana (the dried flower, mixtures or preparations, such as resin or hashish, made from 2.5 ounces of dried flowers) every 2 weeks, and you will be allowed to grow up to 12 plants as long as you do not live within 25 miles of a dispensary.

Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.

Medical Marijuana in Arizona

Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:

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