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Drug Enforcement Evaluation: Pseudoscience in DUI Cases Under Attack

Craig Rosenstein November 23, 2014

Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is

Implied Consent & the “No Refusal Weekend”

Sheridan Lewis October 4, 2014

Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few

Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

Stephen D. Hébert June 30, 2014

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

Craig Rosenstein May 5, 2014

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

Pleading in the Alternative or Painting Yourself into a Corner?

Norman Baer December 11, 2013

In late October, federal inmate number 14170-041 explained to Judge Richard Kyle that he was, in fact, guilty of engaging in a massive Ponzi scheme and apologized for his prior false claims of innocence. Tom Petters finally saw the light and was trying to reduce his sentence. Similarly, Lance Armstrong confessed and asked the public to forgive him when the

Sending Text Messages of Naked Photos is a Crime! Will Your Teen Be Prosecuted For Sexting?

Mark A. Satawa March 16, 2013

Sexting is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.” Miller v. Skumanick. This activity, though a relatively recent phenomenon, has become very widespread. Studies reveal that about 1 in 5 American teenagers engage in sexting. The Consequences The problems with sexting are too

Criminal Defense

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