Medical Marijuana and Me

With Medical Marijuana now legal in Arizona, many patients are wondering what their rights are regarding marijuana usage and driving. After being certified as a qualified patient by a licensed physician, a patient is registered and receives an identification card. (ARS 36-2804.A.2.) What state the patient is registered in does not matter, Arizona honors out of state registered patients with identification, up to 2.5 ounces of marijuana. (ARS 36-2804.03.C.)

Arizona DUI laws make it unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of any drug if the person is impaired to the slightest degree. (ARS 28-1381.A.1.) Also, it is unlawful for a person to drive or be in actual physical control of a vehicle while there is any drug defined in section 13-3401 or its metabolite in the person’s body. (ARS 28-1381.A.3.) Marijuana, or cannabis, is one of those drugs. (ARS 13-3401.4.)

Under ARS 28-1381.A.3, there is no requirement for impairment. Any amount of a listed drug in a person’s body is sufficient for a charge. However, if a person is using a drug as prescribed by a licensed medical practitioner, they are not guilty of violating 28-1381.A.3.  Medical marijuana does not fall under this exception because of a federal law, the Controlled Substances Act, which prohibits physicians from prescribing marijuana because it is considered a Schedule I drug. Physicians cannot prescribe Schedule I drugs because they are deemed highly addictive and have no medical value. Technically, physicians may only recommend medical marijuana to patients, not prescribe it.

Medical marijuana does not fall under the prescribed drug exception, so patients are at a higher risk for DUI. The Medical Marijuana Act suggests a person should not be charged in this scenario, but DUI laws suggest they will be. But one thing is clear: driving impaired and under the influence of marijuana is unlawful and can result in a DUI charge, regardless of whether the driver has a medical marijuana card.

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First, if asked to complete any field sobriety test at the side of the road, including a portable breath test, refuse to complete the test.  The police are only attempting to gather evidence against you.  If you refuse to take these roadside tests, there is no consequence.

If you are arrested for a DUI and then transported to the police station, I advise clients to then take the breath test.  The reason?  If you take the breath test and your B.A.C. (breath alcohol concentration) is above .08, you will lose your license for ninety (90) days.  However, if you refuse to take the breath test at the police station, you will lose your driver’s license for one (1) year.  Furthermore, the local culture of the Flagstaff Police Department is to obtain a warrant to draw your blood if you refuse the breath test.  Assuming the police have probable cause, they will nevertheless obtain your B.A.C.

Remember, always refuse all field sobriety tests, including a portable breath test.  When at the police station, at least for Flagstaff DUI’s, take the test.

The post To Take a Breath Test or Not, That is the Question appeared first on The Glazer Law Office.

The Flagstaff City Code states it is unlawful for any person to urinate or defecate in a public place or in any place exposed to public view.¹ Urinating in public is a city code violation and a misdemeanor. The possible punishment depends on the area where the public urination occurs and the particular judge imposing the sentence.

If someone is found urinating in a less public place, they may be given a citation with a court date, requiring them to get their fingerprints taken and be seen by a judge. The judge will determine the punishment, factoring in where the public urination occurred as well as previous criminal history. The judge may issue a sentence of community service, a fine, or even jail time.

If the public urination occurs in a more public place, an officer may arrest the person on the spot. If arrested, the person will see a judge on the following day. The judge will then determine the punishment using the same factors.

Public urination is a city code violation rather than a state law violation. However, public urination could have state law implications. Under state law, indecent exposure is unlawful. If a person exposes their genitals in public and there are people present who are offended or alarmed, they have committed indecent exposure, a class 1 misdemeanor. Indecent exposure is a class 6 felony if done within the presence of a person under 15 years of age.²

1. Flagstaff City Ordinance Section 6-01-001-0006
2. A.R.S. § 13-1402

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What is a Disorderly Conduct charge?

In Arizona, Disorderly Conduct is also known as disturbing the peace. Pursuant to the statute, A.R.S. 13-2904, a person may be charged with disorderly conduct if a person does one of the following with the intent to disturb the peace or quiet of a neighborhood, family or person, or with the knowledge of such disturbance:

1. Engages in fighting, violent or seriously disruptive behavior.
   
2. Makes unreasonable noise.
3. Uses abusive or offensive language or gestures to any person present in a way likely to provoke immediate physical retaliation by the person.
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession.
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or any other emergency.
6. Recklessly handles, displays, or discharges a deadly weapon or dangerous instrument.

A Disorderly conduct charge by engaging in 1-5 listed above constitutes a class 1 misdemeanor, and disorderly conduct under number 6 is a class 6 felony. Class 1 misdemeanors are the highest level of misdemeanor in Arizona and they carry a potential of up to 6 months in prison and fines of up to $2,500. A felony disorderly conduct charge carries a penalty including a maximum of one year in prison and a conviction labels you a convicted felon, which comes with life long consequences including the loss of civil rights, such as the right to vote and the right to carry firearms.

As you can see, disorderly conduct charges are not to be taken lightly. Some people are in the misconception that a disorderly conduct charge just means a day in jail and a fine for which they can just brush off and keep on going with their lives. But the truth of the matter is that a disorderly conduct charge has the potential to haunt you for a very long time.

The severity of the penalty for disorderly conduct depends on the circumstances of each situation including whether or not a weapon was involved and whether it was a repeat offense, among other factors. Some examples of disorderly conduct may include:

• Fighting in the streets
  
• Shouting or using profanity in a public place
• Wild, rowdy, or disruptive parties
• Loitering
• Bothering people repeatedly in public places like a park or on a bus
• Refusal to leave from somewhere you were asked to leave by officials
• Disrespectful or disobedient conduct to a law enforcement officer, especially if the police gave you a warning and the conduct continued or the police believed your conduct was intentionally uncooperative with them.

Although some activities that may be classified as disorderly conduct may not be illegal per se, if they are disruptive enough, the police may charge the offender with disorderly conduct. Disorderly conduct is often a charge used when no other appropriate charge exists and are often issued in conjunction with other charges such as assault, domestic violence, DUI, and many other offenses. If you are charged with disorderly conduct, call Flagstaff lawyer Steve Glazer at The Glazer law Office, PLLC as soon as possible to schedule a free consultation at 928-213-9253 or fill out our contact form.

Visit our page for more information on Disorderly Conduct charges.

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The Glazer Law Office, PLLC will be at Hullabaloo here in Flagstaff June 1-2, 2013 with an even better setup. The breathalyzer of course, way better prizes, and the opportunity to take your picture with your BAC result. We hope to see you there.

We’d love to hear any feedback, thanks!

The post Who was the Flagstaff defense attorney at BrewHaHa 2013? appeared first on The Glazer Law Office.

For those of you that saw us at Hullabaloo 2012 we will be there with the same set up. Take a break from the delicious beer and food to see if you can guess how drunk you really are. We will have our breathalyzer, stop by and learn your BAC. Our breathalyzer is similar to the breathalyzer that officer’s use on the side of the road during DUI stops. Many who participated at Hullabaloo were shocked at how high their BAC was even after just one beer. An even better incentive is we will have cash prizes for those who guess exactly….and for all you smarty’s out there this doesn’t include blowing straight zero’s   Being a DUI attorney here in flagstaff, I can’t tell you how many people get arrested for DUI that didn’t realize how intoxicated they were. Also at our booth, we’ll explain WHAT TO DO/SAY and most importantly WHAT NOT TO DO/SAY if you’re pulled over and the officer suspects you of driving under the influence.

General Admission tickets are $37 in advance or $40 the day of the event. This includes admission to the event, 16 samples of beer, wine tasting, hors d’œuvre tasting, and live entertainment. Don’t plan on drinking? You can still enjoy the festivities! Non-drinking tickets are available for $20 at the door.

Tickets are available for purchase in Flagstaff at KickStand Cafe (719 N Humphreys St) and Vino Loco (120 N Leroux Street #105) or by calling 877-4-FLY-TIX (928-435-9849) or online at http://www.greenhouseproductions.net

The Drury Inn & Suites (928-773-4900) and Quality Inn (928-774-8771) are offering special rates if you call and mention the Greenhouse Productions BrewHaHa.

Any questions? Contact Matt Ziegler at 928-853-4292 or visit the official website at http://www.flagstaffbrewhaha.com.

As always, please drink responsibly and enjoy this exciting winter event!

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If a student is convicted in court of possession or sale of a controlled substance and the offense happened while the student was enrolled and receiving federal aid, the student will not be eligible to receive any kind of federal aid from the date of the conviction (this includes grants, loans, or work assistance). An NAU student will lose their federal aid for the following amounts of time, depending on the conviction:

For possession of a controlled substance:

•         First offense – ineligible for 1 year
•         Second offense – ineligible for 2 years
•         Third offense – ineligible indefinitely

For sale of a controlled substance:

•        First offense – ineligible for 2 years
•        Second offense – ineligible indefinitely

Good news is, if a student is convicted and becomes ineligible for aid, the student can complete rehabilitation in one of two ways and be eligible to get federal aid again before the end of the required ineligibility period.

1. To resume eligibility a student must satisfactorily complete a drug rehabilitation program that complies with criteria prescribed by the Secretary of Education which includes two unannounced drug tests. The student must pass those tests.

OR

2. The student may resume eligibility if the conviction is reversed, set aside, or otherwise rendered nugatory.

Convicted students can also be at risk of losing state aid. If convicted of a drug offense, a state court can render a student ineligible to receive public benefits provided by the state, including scholarships or tuition waivers for state universities or community colleges. The court determines the period of ineligibility.

So, NAU students receiving loans, grants, scholarships, tuition waivers, or work assistance, should not engage in conduct that would put them at risk for being arrested for possession or sale of a controlled substance because if convicted, they could lose their federal and state aid.

At the Glazer Law Office, PLLC, Steve Glazer works hard to find other solutions to drug cases besides pleading guilty. Many young students do not understand the consequences that will arise from pleading guilty. Even though the charge may seem ridiculous, don’t just get it over with quickly and plead guilty. Always plead not guilty and seek representation to guide you through the process, your future matters. As a flagstaff attorney and certified criminal law specialist believe me when I say a simple possession or paraphernalia charge should be taken seriously. Especially, since if you lose your student aid, you might have to move back home!

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In Arizona, it is unlawful “for a person to consume spirituous liquor in a public place, thoroughfare or gathering.”[1] Spirituous liquor means any beverage containing more than one half of one percent of alcohol by volume, including liquor, beer, and wine.[2]

The statute lists several exceptions, making the following legal:[3]

• Consuming beer in a public recreation area.
• Consuming beer on private property, including the walkways around the property, with permission from the owner.
• Consuming beer or wine in a public recreation area as part of a licensed special event or festival, such as a tailgate.

The law prohibits consumption of alcohol in public, but does not specifically address possession of an open container of alcohol in public. The only place where Arizona law says it is illegal to possess an open container of alcohol is within the passenger compartment of a motor vehicle located on a public highway.[4]

While state statutes may not make it illegal to possess an open container of alcohol in public, some cities have enacted ordinances prohibiting possession of open containers. It is important to know the law of a city before possessing an open container. Also, possession of an open container of alcohol in public is a precursor to consuming the alcohol, which is illegal. It is best to not have any open containers of alcohol except in places where consumption is permitted.

If you plan on consuming alcohol during Tequila Sunrise be careful!  Don’t just walk around downtown Flagstaff with an open container of alcohol.  The Flagstaff Police Department will cite you, and possibly even arrest you, if you violate the open container laws.

The post Tequila Sunrise/Homecoming Flagstaff 2012-Open Container Laws appeared first on The Glazer Law Office.

The Arizona Department of Transportation (ADOT) may impose additional punishments to minors who are convicted of various crimes. If a minor is convicted of any criminal drug offense, including possession of drug paraphernalia, the ADOT shall suspend or refuse to issue a license to the minor until their 18^th birthday.[1] This means the minor cannot drive until they are 18 years old.

However, the suspension is not an automatic additional penalty that comes with conviction. The ADOT will suspend the license only upon receiving record of the minor’s conviction. A juvenile court is not required to send record of a conviction. A juvenile court has discretion in determining a delinquent juvenile’s punishment, including whether to notify the ADOT of a conviction.[2]

If the court decides not to send record, the ADOT cannot suspend the minor’s driving privileges. In determining whether to send notification, a court may look at factors such as whether the conviction was related to driving, prior convictions, and the minor’s rehabilitative process.[3] All minors should be careful though, because even a first time offender who is convicted of a crime unrelated to driving can lose their driving privileges.

¹ A.R.S. § 28-3320(A)(6).

^{2, 3} In re Martin M., 223 Ariz. 244, 248 (App. 2009).

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Different laws apply to different types of Federal Government properties. For example, a DUI on land owned by the National Park Service is prosecuted in Federal Court. This is one of the most common ways to be charged with a federal DUI in Arizona: from conduct that occurred at a national park such as the Grand Canyon or Lake Powell National Park areas.

When someone is charged with a federal DUI, the offense is governed by the Code of Federal Regulation (CFR) 36 CFR 4.23 and is a Class B misdemeanor. The person can face consequences of up to six months in federal prison, a fine of $5000, up to five years of probation, and possible license suspension.

According to the CFR, a person can be charged with federal DUI if they are operating or in actual physical control of a motor vehicle while:

(1) under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; OR

(2) the blood alcohol concentration in the operator’s blood or breath is 0.08; or 0.04 for a licensed commercial vehicle operator driving a commercial vehicle.

It is also important to be aware that under federal law, if you refuse to submit to a chemical test you can be charged with an additional crime that is completely separate from the DUI. That refusal may also be admissible against you in court.  A chemical test refusal is a misdemeanor under federal law, but it carries its own penalties including additional fines, incarceration in federal prison, and the possibility of denied driving privileges on federal lands for a year. Further, federal authorities notify the DMV of a chemical test refusal conviction and the DMV may impose a license restriction in the same way it does for a State Court DUI conviction. These are all additional consequences that can come with a federal DUI.

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