Two DUI Appeals Successfully Defended by The Glazer Law Office, PLLC

The Glazer Law Office, DUI, Criminal DefenseThe Glazer Law Office recently prevailed in two more Appeals which were filed by the State in DUI cases, resulting in dismissals of all charges.
In the first case, the client had submitted to a breath test which resulted in .149, nearly twice the .08 limit. Upon reviewing the evidence, The Glazer Law Office identified an issue with the procedure undertaken by the officer prior to the breath test; specifically, the officer failed to conduct a proper “deprivation period” because he did not check the client’s mouth for foreign objects until merely minutes before the test. The Glazer Law Office moved to suppress the breath test results, and the trial court judge agreed. The State was forced to dismiss the case but subsequently appealed the trial court judge’s decision. On appeal, The Glazer Law Office argued that the State did not file in a timely manner in accordance with the law. The appellate judge agreed, and the Appeal was dismissed.
In the second case, the client had submitted to a breath test which resulted in .178, over twice the .08 limit. A pretrial interview with the investigating officer conducted by The Glazer Law Office revealed that the officer conducted a roadside DUI investigation without observing a single physiological sign of impairment (such as the odor of alcohol, bloodshot eyes, or slurred speech). The Glazer Law Office moved to suppress the results of the field sobriety and breath test results, arguing that the officer lacked reasonable suspicion. The trial court judge agreed. The State was forced to dismiss the case but appealed the suppression decision. On appeal, The Glazer Law Office fought for the client, and the State’s Appeal was dismissed.

Arizona ranked #1 in criminal penalties for DUI

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Followed by Georgia and Alaska, Arizona has been ranked the number one state in cracking down on drivers under the influence of drugs and alcohol.

A personal -finance site, Wallet Hub, recently conducted a survey ranking mandatory sentences in each state, finding Arizona with the harshest penalties. While a first time offense is typically considered a misdemeanor, Arizona is also a no-tolerance state for DUI. This means a driver can be arrested for less than the legal limit 0.08 percent.

To learn more about the three types of DUIs, and the associated punishments in Arizona read the full article from The Arizona Republic.

If you need help fighting a DUI charge in Arizona contact the Flagstaff DUI attorney, Steve Glazer of The Glazer Law Office. We offer free case consultation and can help you get a second chance. Call (928) 213-9253, today.

Friday Funny: The Case of the Con Man

 

The Glazer Law Office, PLLC, Legal BlogConvicted con man Peter Horsford, who was accused of impersonating a lawyer, had trouble getting a trial date in New York in 1988. The problem was that four of the judges considered for his trial were disqualified from hearing the case – because he had argued cases in their courtrooms.

“I should have suspected he wasn’t a lawyer,” said one of he judges. “He was always so punctual and polite.”

Criminal Defense Attorney Recognized For NACDL Advocacy Project

NACDL BadgeCriminal Defense Attorney Stephen R. Glazer was recently recognized for his contribution to an Amicus Brief submitted by the National Association of Criminal Defense Lawyers (NACDL) in a case involving the improper suppression of exculpatory evidence.

NACDL is a nonprofit corporation whose purpose is to ensure justice and due process for persons accused of a crime and to promote the proper and fair administration of criminal justice. Its amicus curiae program oversees the authorship and submission of amicus briefs which advocate for the defense of individual liberties guaranteed by the Bill of Rights in real cases being decided by courts across the United States.

Mr. Glazer, who has been a member of NACDL for over ten years, co-authored a brief which argued that the failure of the State to disclose exculpatory evidence prejudices a criminal defendant not only at the trial itself, but also during the preparation and strategic planning phases of a case. In February, 2015, he was awarded a Certificate of Appreciation for his
“outstanding service” to NACDL’s goals and objectives.

Theft, Robbery And Armed Robbery: What’s The Difference?

stock-photo-15487972-thief-in-a-mask-hijacks-the-car In Arizona, theft crimes can be misdemeanors or felonies often depending on the value of what was stolen. While theft can occur in many different ways, armed robbery and robbery are more straightforward charges that occur when force is brought into a situation that would usually constitute theft. Armed robbery and robbery are both felonies. Armed robbery is a class 2 and robbery is a class 4. Theft occurs when a person controls, converts, or otherwise takes “property or services of another” without legal authority. If you are loaned a car temporarily, and you keep it longer than you are allowed, that is a form of theft. Using material misrepresentation, as in concealing or lying about important information with the intention of getting someone to give you his or her property is theft. Theft can also occur when you happen to obtain possession of property, whether it is lost, stolen, or just given to you by mistake. If you get a package delivered to your door, and instead of trying to find the correct person or address it was meant for, you open it and keep the content: that is theft. If you know your friend stole the TV he gave you for Christmas and you still keep it: that is theft. Another form of theft is hiring someone to do a job for you, such as wash your car, and then you drive off without paying for the services. Taking anything from a vulnerable adult (such as an elderly person) while in a position of trust also constitutes theft.
A robbery is when someone, while is taking property from another person against their will, threatens or uses force against any person with the intent to coerce surrender of property or to stop resistance to them taking or keeping the property. One example of robbery would be if person A was shoplifting and as he ran out of the store, he punched the security guard who was trying to get in his way to stop him. Another example would be if person B stole a woman’s purse, and then hit her husband as he tried to stop person B from running away down the street. The important thing to remember is that robbery is a more serious version of theft and a situation can be charged as robbery as soon as there is force, or even just a threat of force, against another person, even if it looks like theft. Returning to the example above, maybe in the course of shoplifting, person A accidentally ran into the security guard because he did not see him as he ran out of the store. He could still be charged with robbery, not theft, based on the force.
Robbery and armed robbery are different crimes in Arizona, and the most well-known difference is the obvious one; armed robbery involves the use or threatened use of a deadly or simulated deadly weapon. Even if the person does not actually have a gun, just the threat of having a gun or knife, can be enough to charge armed robbery. If person C robbed a bank, and pointed her hand in the shape of a gun at the teller, she could be charged with armed robbery. For a charge of armed robbery it does not matter whether what the weapon is, and whether it is real or not. Pretending to have a weapon can quickly change a situation from robbery to an armed robbery.
If you are facing charges of theft, robbery, or armed robbery, call Flagstaff Criminal Defense attorney 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.

A.R.S. §§ 13-1902, 13-1904.
A.R.S. § 13-1802.
A.R.S. § 13-1802(B).
A.R.S. §§ 13-1902.
A.R.S. § 13-1904.

DUI Drugs In Arizona

marijuana-1621810Did you know that you can be charged with DUI Drugs if you were driving days, or even weeks after smoking marijuana…even if you have a medical marijuana card? Unfortunately, we see it all too often. Here’s the usual scenario: Person gets pulled over…Cop suspects the person is impaired…Person knows they haven’t been drinking…Person submits to a breath test…Person passes the breath test…Cop still thinks person is impaired and/or person tries to be compliant and admits to smoking marijuana days ago…Cop arrests person…Cop gets warrant and takes blood…Blood test comes back positive for the metabolite of THC….Person is charged with DUI Drugs (which has virtually the same penalties as someone that was actually driving under the influence of alcohol). Even those that have a medical marijuana card can be charged. If you have questions as to how to prevent this scenario from happening to you, feel free to contact us. If you are interested in medical marijuana cards, more information is provided in our blog “Medical Marijuana and me.”

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.

To Take A Breath Test Or Not, That Is The Question

stock-photo-18650945-female-driver-submitting-to-breathalyzer-testWhen suspected for DUI, many clients want to know whether to take a breath test. While every jurisdiction has different laws and culture surrounding breath tests, there are some specific suggestions we can offer it you are arrested for a DUI in Flagstaff, Arizona.

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, the fact that you did not take any tests can be used against you, but if you are impaired in the slightest, it is still better to refuse.

If you are arrested for a DUI and then transported to the police station, do not take the breath test unless you are certain you do not have alcohol in your system. The reason?  If you take the breath test and your B.A.C. (breath alcohol concentration) is above .08, you will lose your driver license for ninety (90) days.  However, if you refuse to take the breath test at the police station, you will lose your driver 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.