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With nearly 225,000 registered weapons in 2019, Arizona ranks within the top percentage of gun ownership in the United States. People in Arizona own guns for many reasons including, but not limited to: Target practice and skeet shooting; Personal and family protection; and  Hunting large and small game. It is no surprise that drivers facing charges for driving under the influence of alcohol or drugs (DUI) want to know how a DUI conviction could affect their right to buy and carry a firearm in Arizona. Prohibited Possessors in Arizona Each state, including Arizona, designates classes of “prohibited possessors.” These are…
Horizontal Gaze Nystagmus (HGN) is a condition where the eyes make repetitive and involuntary jerking movements while gazing to the side. HGN is involuntary, and the person experiencing the condition is unaware it is happening. Typically the higher a person’s blood alcohol concentration, the sooner their eyes begin jerking as they move to the side. The Horizontal Gaze Nystagmus test is one of three National Highway Traffic Safety Administration (NHTSA) approved Standard Field Sobriety Tests. Law enforcement uses the HGN test to determine if a driver is driving while under the influence of alcohol.   The other two Standard Field Sobriety…
Law enforcement officers ask drivers they suspect of driving under the influence of alcohol or drugs to perform field sobriety tests, and drivers comply because these tests seem routine. Few Arizona drivers know they can refuse to perform these tests.  Before making any decisions regarding field sobriety tests, drivers should know the following: The federally approved standard field sobriety tests; Other common field sobriety tests used by Arizona officers; Reasons to decline performing field sobriety tests;   How to refuse an officer’s request to perform field sobriety tests; and Potential consequences for refusing field sobriety tests.   What Are Standard Field Sobriety…
One of the most common questions people ask our Scottsdale DUI lawyers is, “How do I pass a breathalyzer test?” The following article discusses the following: How breathalyzers work; Myths surrounding passing breathalyzer tests; and Conclusions on how to pass a breathalyzer test.  How Breathalyzers Work When a person consumes alcohol, alcohol travels to the stomach and small intestine, where it absorbs into the blood. The blood carries the alcohol throughout the body and into the brain and lungs. When a person who consumes alcohol exhales, they exhale that alcohol from their lungs. A breathalyzer measures the amount of alcohol…
david-gabric-KdC5agsz6ik-unsplash cannabis pot Photo by David Gabrić on Unsplash
Photo by David Gabrić on Unsplash
Legalization Of Recreational Marijuana Use In Arizona – Does This Stop Users From Being Arrested And Charged For DUI By Drugs? Since the legalization of recreational THC use here in Arizona, we have fielded a lot of questions about whether police can still arrest drivers for DUI when all they have consumed is THC.  Our clients have asked things like “why did they arrest me for DUI last night?  I did not drink; all I did was smoke some weed a couple hours before.  It’s legal now right?” There are two different ways the State can prosecute someone for DUI…
Car accidents are the leading cause of death among healthy adults in the United States. The most common cause of fatal car crashes is drunk driving. While less than 4% of car crashes are related to drunk driving in Arizona, more than 30% of drunk driving crashes in Arizona are fatal. Due to the high fatality rate of drunk driving accidents, Arizona law enforcement dedicates much of their time and resources to removing drunk drivers from state and local roadways. One standard method law enforcement uses to crack down on drunk driving is the use of DUI checkpoints. A DUI…
If anything, Arizona’s DUI laws and punishments are some of the strictest in the United States. Arizona takes driving under the influence of alcohol or drugs seriously, and so should anyone traveling Arizona roads.   Driving under the influence of alcohol or drugs in Arizona is defined as driving under the influence of “intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.” In Arizona, an intoxicated person only needs to be in actual physical control of a vehicle, not…
A DUI arrest with a BAC over .20 In Arizona is serious. When a person is pulled over drinking and driving, it can be a scary situation. No state is tougher on drunk drivers than Arizona. Those who are convicted of a DUI face numerous consequences that can be life-altering. But for those who have a blood alcohol content, or BAC, of more than .20, the consequences can be even more severe. BAC Over .20 In Arizona Is Serious Even if no one was injured or any property damaged, a person who is pulled over for a DUI with…
Click below to listen to Rosenstein Law Group‘s Timothy Hintze talk to My Modern Law Billy Tarascio talk on when family and criminal law intersect when one spouse is accused of abuse towards another spouse or child. In some circumstances, the actions of one spouse can trigger criminal charges in the state of Arizona during the divorce process. In fact, the subject of criminal law does appear often when spouses are accused of domestic violence. If you have been accused of any domestic violence, you want to ensure that your legal rights are protected. When these instances occur, there…
add-weed-h3PWUqxpP_0-unsplash cannabis marijuana Photo by Add Weed on Unsplash
Photo by Add Weed on Unsplash
Recently Arizona just approved Proposition 207. But what does this mean for Marijuana convictions in Arizona? It not only legalized the possession and use of marijuana for adults (age 21 years or older), but Arizona now has its first expungement law. The push to legalize the adult use of marijuana is not new to Arizona. While attempts at decriminalization have failed in the past, this year, the effort passed through a ballot initiative of the people—namely, Proposition 207. Prop. 207 – Arizona Marijuana Expungement & What Does Mean Before Prop. 207, the possession of marijuana or marijuana paraphernalia was a…
Like other states, Arizona has what is commonly called an implied consent law. As the name of the law suggests, drivers in this state have, just by driving on the roads of this state, agree to take a breath, blood or urine test on a valid request of a law enforcement officer. If they do not agree to take the test when asked, then a driver may face an automatic license suspension of 1 year for a first offense, even if they wind up not getting convicted of drunk or drugged driving. On the other hand, a test result showing…
Most drunk driving cases are built on evidence gathered by police officers. While these men and women receive extensive training to perform their job duties, the truth of the matter is that they’re human. This means that they’re imperfect and they make mistakes. Sometimes they intentionally act in a way that gets them the results they want. Either way, a police officer’s testimony can threaten you with conviction, which is why you need to figure out your best options when it comes to addressing them as witnesses. How To Challenge Law Enforcement Testimony Law enforcement officers can be treated like…
darwin-vegher-IAc1x02D9K0-unsplash driving DUI Photo by Darwin Vegher on Unsplash
Photo by Darwin Vegher on Unsplash
When you hear the term “DUI,” you probably think of someone who was driving drunk. However, “DUI” stands for “driving under the influence.” The term is broad enough to include driving under the influence of any substance, legal or illegal. The law does not expressly forbid you from driving while you’re taking a legal prescription. However, the law does forbid you from driving under the influence. If the police suspect you’re impaired for any reason, they may place you under arrest. Were You Safe to Drive? If you’ve been charged with a prescription drug DUI, the prosecution will try…
You have undoubtedly noticed that when alcohol is consumed at social events, the effects of alcohol vary from person to person. You might have a friend who feels the effects after a single drink, while another might seem utterly unaffected by two or three. To understand how each individual is affected by alcohol, look at the interplay of factors and circumstances such as gender, weight, pace at which the alcohol is consumed, and so on. They help to determine impairment, as well as the likelihood of a DUI arrest. Factors Determining Impairment Levels Gender: in general, alcohol affects women…
bill-oxford-udXD2NrbXS8-unsplash arrest Photo by Bill Oxford on Unsplash
Photo by Bill Oxford on Unsplash
Back in July, we noted that the number of people arrested on suspicion of drinking and driving during the Independence Day holiday was down sharply compared with 2019. At the time, the Arizona Governor’s Office of Highway Safety reported just 193 DUI arrests over the holiday weekend. In 2019, law enforcement made 512 arrests. We suggested then (https://www.scottsdale-duilawyer.com/blog/2020/07/arizona-dui-arrests-were-dramatically-down-over-july-4th-weekend/) that the COVID-19 pandemic was a big factor in reducing arrests. With fewer people out celebrating, there were fewer allegedly drunk drivers for police and state troopers to pull over. New Holiday, the Same Story Now, the next major holiday weekend has…
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Rosenstein Law Group is thrilled to announce that we have been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 1 practice area. To receive an award from the legal profession’s most respected peer-review publication is an absolute honor. Rosenstein Law Group, when considered against all other Arizona firms, was ranked in the following practice areas: Tier 1: DUI/DWI Defense Earlier this year, Rosenstein Law Groups founder Craig Rosenstein and attorney Timothy Hintze were selected by their peers for inclusion in the 2021 Edition of The Best Lawyers in America©. Craig was named to the 2021…