Criminal

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If you are convicted of a traffic violation in Arizona, then the Arizona Department of Transportation (ADOT) through the Motor Vehicle Division (MVD) assigns “points” onto your license. If you accumulate 8 or more points in a 12-month period, this can result in the MVD suspending your Arizona driver’s license for up to 12 months, depending on how many total points you have.

Having 8 points on your record does not automatically mean that the MVD will suspend your license. 

For example, the first time you accumulate that many points, MVD requires you to attend Traffic Survival School (TSS) instead…
Continue Reading How Many Points to Suspend a License in AZ?

Disorderly conduct in Phoenix is governed by Arizona law, specifically A.R.S. § 13-2904. A person may be charged if they intend to disturb the peace or quiet of a neighborhood, family, or person, or know that their conduct is doing so, and engage in one of the acts prohibited by the statute.
These prohibited actions include engaging in fighting, violent or seriously disruptive behavior, or making unreasonable noise. The statute also covers the use of abusive or offensive language that is likely to provoke an immediate physical retaliation, as well as the reckless display, possession, or discharge of a…
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Arizona has two separate crimes for lying under oath, and defendants often assume they’re the same thing, but that isn’t the case. Perjury and false swearing are distinct offenses with different requirements and different penalties, and the difference between them can mean the difference between a Class 4 and a Class 6 felony. 
What Is Perjury Under Arizona Law?
Arizona Revised Statutes § 13-2702 defines perjury as knowingly making a false sworn statement about a material issue, or a false unsworn declaration, certificate, verification, or statement about a material issue that is signed as true under penalty of perjury. 
 …
Continue Reading Perjury vs. False Swearing: What’s the Difference?

If you have ever been pulled over on suspicion of driving under the influence in Arizona, there is a good chance the officer asked you to blow into a small handheld device on the side of the road.
That device is called a portable breath test, or PBT. It is designed to give officers a quick reading of your blood alcohol concentration during a traffic stop, but it does not carry the same legal weight as the formal tests conducted after an arrest.
Learning about how the PBT fits into Arizona’s DUI process is important because how you respond…
Continue Reading What Is a Portable Breath Test?

In Arizona, a bench warrant is issued by a judge, magistrate, commissioner, or justice of the peace, usually because someone has failed to appear for court, didn’t follow a court order, or neglected certain court-ordered financial obligations like fines or fees.
Once a bench warrant is active, law enforcement can arrest you on the warrant. According to the Arizona Courts, a bench warrant stays in effect until you’re either arrested or you voluntarily appear before the court that issued it, and the warrant is officially quashed or canceled by a judicial officer.
How Can I Get a Bench Warrant Quashed…
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Expungement and Record Sealing in Arizona: What’s Actually Available
Arizona does not have general expungement. If you have been told your criminal record can simply be erased in Arizona, that is not quite right. Arizona law provides several different forms of record relief, and the differences matter when deciding what you may qualify for and what the result can accomplish.
Three remedies are commonly grouped together under the word “expungement,” even though they work differently:

  • A set-aside under A.R.S. § 13-905, which can set aside the judgment of guilt and release a person from certain penalties and disabilities resulting from

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Continue Reading Expungement in Arizona: Set-Aside vs. Sealing

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Many drivers assume there is a legal THC limit for driving similar to the 0.08 BAC limit for alcohol. In reality, the answer is much more complicated. There is no universal federal standard, and states use different approaches when prosecuting marijuana-related DUI offenses.

Arizona has some of the country’s strictest marijuana DUI laws, and being charged with one is frightening and confusing — especially when the rules around THC are so unclear.

But a charge is not a conviction, and being arrested does not mean the state can prove its case.

If you have been arrested for a marijuana DUI,…
Continue Reading What Is the Legal Limit for THC While Driving?

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The short answer is no. Traditional alcohol breathalyzers cannot detect THC, the psychoactive compound in marijuana. 

Instead, Arizona law enforcement relies on other forms of evidence when investigating suspected marijuana DUI offenses, including field sobriety testing, blood testing, and observations made during the traffic stop. Arizona Revised Statutes § 28-1381 governs DUI offenses, including those involving marijuana and other drugs.

If you have been arrested for a marijuana DUI, contact Rosenstein Law Group immediately. 

Call (480) 248-7666 for a free consultation with an experienced Arizona DUI defense attorney.

Can a Breathalyzer Detect Weed?

No. Standard alcohol breathalyzers do not detect…
Continue Reading Do Breathalyzers Detect Weed?

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A marijuana DUI investigation looks very different from an alcohol DUI investigation. Unlike alcohol, no roadside device can accurately measure a driver’s level of marijuana impairment. 

Instead, law enforcement officers rely on a combination of observations, field sobriety tests, drug recognition evaluations, and chemical testing when they suspect someone is driving under the influence of marijuana.

If you were arrested for a marijuana DUI, the evidence against you should be carefully examined before you make any decisions about your case. 

Call Rosenstein Law Group at (480) 248-7666 for a free consultation with an experienced Arizona DUI defense attorney.

How…
Continue Reading How Do Cops Test for Weed in a DUI?

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A criminal record can follow you long after a case ends. Even if charges were dismissed or years have passed since a conviction, criminal records may still appear during background checks conducted by employers, landlords, schools, and licensing boards.

Arizona law now allows many individuals to seek record sealing, which can limit public access to criminal records and provide an opportunity to move forward without a past case creating the same obstacles. 

If you are interested in record sealing, an experienced criminal defense attorney can help determine whether you are eligible and help you through the filing process.

Call AZ…
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Although the terms “sealed” and “expunged” are sometimes used interchangeably, they are not the same thing. Understanding the distinction between a sealed and an expunged record is important because the legal effect, eligibility requirements, and long-term consequences can vary significantly.

The key difference is access: a sealed record still exists but is hidden from the public (courts and law enforcement can still see it), while an expunged record is erased or treated as though the offense never happened.

If you want to clear or limit access to a criminal record in Arizona, an experienced criminal defense attorney can help evaluate…
Continue Reading Sealed vs. Expunged Record: What’s the Difference?

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Expungement in Arizona is limited to certain marijuana offenses. However, there are other ways to seal criminal records or set aside convictions to remove them from public access.

AZ Defenders helps individuals throughout Arizona evaluate their eligibility for expungement, record sealing, and set-asides. 

Call (480) 456-6400 to speak with an experienced criminal defense attorney about your options.

What Is Expungement?

Expungement is a legal process that removes qualifying criminal records from public access. When an expungement is granted, eligible arrests, charges, adjudications, convictions, and/or sentences are no longer available through ordinary public background searches.

The goal of expungement is to…
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A criminal conviction can continue affecting your life long after you have completed your sentence. Even years later, a conviction may appear in background checks and create obstacles when applying for jobs, housing, professional licenses, or educational opportunities.

Fortunately, Arizona law provides a way for many individuals to obtain relief through the Arizona set-aside process. While a conviction is not erased from your record, a court order setting aside the conviction can demonstrate that you fulfilled the court’s requirements and have moved forward with your life in a positive manner.

If you are interested in pursuing an Arizona set-aside of…
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A first-offense DUI in Arizona typically costs $8,000 to $20,000 or more by the time every expense is counted. The court fine is the part most people expect. It is also the smallest part. Defense representation, higher insurance premiums, the ignition interlock device, screening and classes, jail costs, MVD fees and lost work time together account for far more than the fine ever does.
This page breaks down every one of those costs, shows how they change as your blood alcohol concentration rises, and explains what a felony charge does to the total.
One thing worth knowing before you read…
Continue Reading How Much Does a DUI Cost in Arizona?

Terroristic threat charges are incredibly serious in Arizona, but they’re also somewhat misunderstood. Many defendants believe this offense applies only to organized plots or planned attacks related to what we normally consider to be terrorism. However, this isn’t always the case. 
Understanding this charge is important so you know what you’re facing and how to handle it. 
Terroristic Threat Charges in Arizona
Under Arizona law, making a terrorist threat means threatening to commit an act of terrorism and communicating that threat to another person. The offense is complete when the threat is made and communicated. The statute also criminalizes knowingly…
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In many cases, you can get a pilot’s license with a DUI, but it can create serious problems.

The Federal Aviation Administration (FAA) does not automatically deny every pilot or student pilot because of one DUI arrest or DUI conviction. However, the FAA treats alcohol-related driving events as safety issues, and pilots have strict reporting obligations after certain DUI-related events.

If you are a pilot, student pilot, or prospective aviator facing a DUI in Arizona, contact Rosenstein Law Group at (480) 248-7666 for a free consultation. 

Can You Become a Pilot with a DUI?

A DUI can make the process…
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