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Category Archives: Myth of the Month
A lot of people, particularly those outside of Arizona, call my office in hopes that I can make a civil traffic ticket go away. Although I am not familiar with the law outside of Arizona, I have heard of other … Continue reading
On an earlier post, I talked spoke about Miranda and that the officer’s failure to read Miranda rights on arrest is ordinarily not enough to dismiss the case. However, even when a person is told the right to an attorney, … Continue reading
The whole myth of ignoring the law as a possible (albeit mistaken) defense to prosecution is probably now dispelled. By now a lot of people have heard of the old phrase, “ignorance of the law is no defense.” In fact, … Continue reading
Prior to making a DUI arrest, a police officer will ask the subject to perform a series of field sobriety tests unless there is a legitimate concern for the subject’s safety. The primary tests are: Horizontal Gaze Nystagmus (eye test), … Continue reading
Although DUI typically stands for Driving Under the Influence, a defendant does not actually need to be driving to be found guilty of a DUI! Arizona law prohibits driving or being in actual physical control while under the influence of … Continue reading
Criminal Law Myth of the Month – It took almost a year to press charges! Don’t I have the Right to a Speedy Trial?
There is a large confusion regarding the right to a speedy trial. Although it is true that defendants charged with a crime have a right to a speedy trial, people often get this right confused with a separate legal concept … Continue reading
If the police don’t read me my Miranda rights, my case will get dismissed right? Unfortunately, in most circumstances, Miranda does not go that far. Miranda only applies to statements during a custodial interrogation, meaning the police do not have … Continue reading
Many people have heard a .08 blood alcohol level referred to as the “legal limit” in Arizona. As a result, a lot of people think that so long as their blood alcohol level is below a .08, they are “legal” … Continue reading