October 16, 2019

Charged with Possession of Another Person’s Prescription Drug

Drug possession charges often carry stiff penalties. Even being in possession of another person’s prescription drugs can result in felony charges. In Arizona, the penalty for drug possession depends on the type and amount of the drug found on a person as well as the individuals past criminal history. An experienced criminal defense attorney can mount several defenses to Below are some common charges that can result from being in possession of prescription drugs:

Potential charges relating to possession of a prescription-only drug in Arizona

Unlawful possession of a prescription-only drug

Individuals may be convicted of unlawful possession of a prescription-only drug when they knowingly possess prescription-only drugs belonging to another person, including friends and family members. In order to be convicted of unlawful drug possession, the state must prove both that the accused knowingly possessed the drug and that the accused knew that the drug was a prescription-only drug.

The penalties for possessing a prescription-only drug are relatively mild compared to other drug charges. Unlawfully possessing a prescription-only drug is a misdemeanor and carries with it a sentence up to six months in jail, potentially up to $4,575 in fines and penalties, and three years on probation.

Possession or use of a dangerous drug

“Dangerous drugs” are defined as any narcotic other than marijuana and include certain prescription drugs, such as Oxycontin, Percocet, Vicodin and benzodiazapines. Although the elements of the crime are similar to the unlawful prescription-only drugs, possession or use of a dangerous drug carries with it a much more stringent penalty. The crime is a class 4 felony and is punishable by up to fifteen years in prison, depending on the defendant’s prior criminal history.

Judges have the authority to sentence defendants convicted of dangerous drug possession as a class 1 misdemeanor. Further, pursuant to Proposition 200, defendants who are first or second-time drug offenders can only be sentenced to probation, in a addition to drug treatment, community service and fines. Although defendants may be sentenced for short jail stays for up to 2 weeks for probation violations, the judge must reinstate probation upon completion of jail time.
Click Here to Read Full Article…

October 14, 2019

October 14, 2019September 3, 2020 By dmcantor Blog

What are some Causes of False Positives for DUI Breathalyzer Tests

We have all been there with that unsettling feeling that you get when you see the flashing lights in your rearview mirror and hear a patrol car’s siren coming upon you. However, what happens next can be life changing. If that officer asks you to take a breathalyzer test, the results can have a monumental effect on your life, liberty and freedom. Failing a breathalyzer test means that you are over the legal limit for your blood alcohol content (BAC) and criminal prosecution will ensue. The following talks about the accuracy of breathalyzer tests and your defense against these seemingly infallible results.

What is a false positive breathalyzer test?

While most prosecutors and law enforcement officials would have you believe that the results of a breathalyzer test are infallible, that is a bit of a stretch on the truth. Generally, breathalyzer tests are only accurate approximately 40% of the time. Factor into that statistic that the testing equipment itself has an inherent margin of error between .005 and .02% in its BAC readings. Taken into consideration, these various characteristics can lead to a false positive reading by a breathalyzer test. That false positive reading means that you will be charged with driving under the influence (DUI), a very serious crime which can have wide ranging implications on your daily life.

Appropriate and qualified administration of a breathalyzer test

The appropriateness and administration of a breathalyzer test is a very important factor in determining what your true BAC actually is. In terms of appropriateness, timing makes all the difference. One instance of timing making a difference is with your blood alcohol being “on the rise.” This rising occurs because it can take anywhere between fifty (50) minutes to three (3) hours for your system to fully absorb any alcohol that you may have imbibed. Thus, your blood alcohol level could have been within the legal limit while driving, but between the time you were stopped and the test administered, your BAC could have risen just enough to put you over the legal limit.

September 16, 2019

September 16, 2019January 12, 2021 By dmcantor Blog

Arizona DUI Defense – Blood Test Inaccuracies for 2021

How to Defend against a DUI Charge in Arizona: 5 Ways Blood Tests Can Be Inaccurate

In Arizona, drivers may be charged with a DUI if their blood alcohol content is 0.08% or higher. Blood tests are widely accepted as being the most accurate way of determining blood alcohol concentration in drivers suspected of DUIs and are often the only objective evidence of a defendant’s guilt, making the validity of the test a central question in a DUI trial.

According to Stanford University, the effects of BAC levels can vary from person to person, male or female, slender or heavier; even medication can play a significant role on the blood alcohol readings. Stanford has published a BAC Graph showing the levels of blood alcohol.

Contrary to popular belief, blood tests are not always conclusive in proving that a driver’s blood alcohol content was above the legal limit. As explained below, many factors affect the accuracy of blood test results.

If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your BAC results come back at a reading of .08% or greater. This process can take between one (1) and six (6) months for your results to return. In the event your BAC readings are above a .08% the officer will send a suspension of driving privileges to the Arizona MVD office. You will then be notified with a “Corrective Action Notice” (i.e., notice of suspension). As soon as you receive this from the DMV, speak to our certified Phoenix DUI Specialist immediately so we can start the DUI Defense process and request a hearing on your behalf. This hearing request needs to be done within fifteen (15) days of the date of that suspension notice.

How can blood alcohol test results be challenged?

Below are 5 common categories of problems that may lead to the dismissal of DUI charges against defendants who have undergone blood alcohol testing:

Click Here to Read Full Article…

September 14, 2019

September 14, 2019August 31, 2024 By dmcantor Blog

Can you get a DUI on a Horse or a DUI on a Bike?

David Cantor explains if you can get a DUI on a bike in Arizona in this short video:

If you have a question for a lawyer please call 602-307-0808 24/7 or click here to fill out our contact form.

DUI on a Bike

A lot of people think that DUI arrests and charges are only made for people who are driving under the influence in vehicles like cars, trucks and motorbikes and not a DUI on a Bike. In Arizona it is not possible to get a DUI on a bike or horse. It is possible to get a DUI on a Bike that is motorized (whizzer). But the truth is that it is always possible to get a citation other than DUI for being intoxicated even if you are riding a bicycle or even a horse. As bizarre as that sounds, it’s true because riding a bike or a horse when your senses are impaired can put you or somebody else on the road in harm’s way.

However, whether you or someone else gets pulled over for driving under the influence will depend largely on how the state’s law defines a ‘vehicle’; some of them may include a car, minivan, SUV, truck, motorbikes and other vehicles that run on motor engines. Other states will define a ‘vehicle’ to include other things like bicycles, horses and scooters as well.

In case you have been charged with a DUI , then you can always challenge your charges in court based on these definitions. Your lawyer can argue that a horse is not a motor vehicle and if the definition of a vehicle in the state is sufficiently ambiguous, the court will not entertain your case. Look for the word motor in the ‘vehicle’ definition because if the presence of motor is mandatory then you need not worry because both horses and bicycles don’t have motors (obviously).

However, certain regions or states may have laws that specifically include targeted cyclists and drunk drivers in which it might be a bit difficult to defend yourself. Even so, the punishments and fines for DUI on a horse or bike will be different; your license may not get suspended and your fines may not be as high as that for a DUI on a motor vehicle.

Some police officers might give you a citation for disturbing public peace, reckless behavior or public intoxication in places where arrest for DUI on a horse or bike is illegal. All of this might sound extremely weird and harsh, but the main focus of law enforcement agencies is to protect public safety from all perspectives. This is because a drunk horse rider or bike rider could get in the way of the road traffic or could injure the animal itself which can become a case for animal endangerment.

If you are caught by an officer riding a horse or bike while intoxicated, then you will be expected to undergo a breathalyzer test and failure will lead you to get a citation or license revocation or even fines and community service.

Board Certified Criminal Law Specialization

As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 56 Criminal Law Specialists in the entire state. Of these 56, only 39 are located in Maricopa County and are allowed to handle private cases.

DM Cantor has 3 Criminal Law Specialists, the most of any firm in Arizona. When defending DUI allegations, it is critical to have as many Specialists on your legal team as is possible.

The specialization process is so rigorous that only 23 current Criminal Law Specialists were certified in the last 20 years. In addition, all specialists must be approved for re-certification every 5 years.

At DM Cantor, our Specialists have conducted Jury Trials on countless DUI cases.

Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.

We wouldn’t have it any other way.

Contact Us

If you have questions regarding DUI Defense in Arizona , please call our offices at (602) 307-0808 to schedule your free consultation .

September 12, 2019

September 12, 2019September 3, 2020 By dmcantor Blog

What is a DUI with Drugs in Arizona?

There has been a large increase of DUI for drug cases over the last decade in the State of Arizona. Even if you aren’t under the influence of alcohol while operating your vehicle, you can still be charged with a DUI (Driving under the influence) if you are under the influence of drugs or controlled substances. If you’re convicted of the DUI drug case, serious consequences will most likely occur but there are many ways that an attorney can fight these cases.

So what is a DUI with Drugs charge? Under the Arizona Revised Statutes 28-1381, the law states that if an individual is driving or is in actual physical control of a vehicle “while under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree” or “If any controlled substance is found in their body” they may be convicted with a drug DUI offense.

Some of the most common types of drugs defined that may result in a drug DUI charge are marijuana, cocaine, methamphetamines, amphetamines, nitrous oxide, psilocybin mushrooms, ecstasy, or opiates such as, hydrocodone, oxycodone, codeine, and heroin. Basically any type of intoxicating drug can result in a drug DUI charge. Drug DUI charges can also be known as: Metabolite DUI, Weed DUI, THC DUI, or Pot DUI.

When you are pulled over and a law enforcement official suspects that you may be under the influence of drugs, they will almost always conduct a field sobriety test. These tests may include the heel-to-toe test, the finger-to-nose test, a one leg stand, alphabet recitation, or an eye test called the “horizontal gaze nystagmus” test. If they suspect you are under the influence, they may also ask for you to submit a blood chemical or urine test. There are times when it is wise to take these tests and there are times when it is best to refuse these tests. An attorney can offer legal advice for these types of scenarios.

DUI Drug offenses can be charged as a misdemeanor or a felony but first time offenders with no accident involved are typically charged with a misdemeanor. The presumptive sentence of a first time offender according to Arizona Revised Statutes section 13.707 is six months in jail and/or fines of no less than $250. There are also court fees and drug education classes that may be involved in the sentencing. People accepting plea bargains and those with lawyer representation normally get reduced sentences with some or all jail time being suspended, which it is wise to seek legal representation.

Because the mere presence of controlled substances in your system is enough to charge you for a drug DUI offense, it is usually wise to seek legal advice. Attorneys can often help get these charges dropped or sentences reduced because there are many factors that may need to be determined for a conviction.

If you live in Arizona and would like a free consultation on a DUI charge, please call our offices at (602) 307-0808 to schedule your appointment. We can also be reached via email by using our secure confidential form.

September 10, 2019

September 10, 2019September 3, 2020 By dmcantor Blog

What is Unlawful Imprisonment in Arizona?

Unlawful Imprisonment is a felony offense in which a person restrains another person temporarily. Though a serious felony, an unlawful imprisonment charge does not mean the offender possessed malice in detaining the victim. In kidnapping cases, the offender knowingly, and with some degree of malice, detains another. Kidnappers also mean to hold their victim captive for a relatively long duration. Unlawful Imprisonment is an offense that can arise from seemingly innocuous and everyday circumstances. An argument, for example, may result in one individual grabbing the cell phone of another to prevent the person from leaving the room. That act of physically taking the cell phone and refusing to relinquish it, forcing the other person to remain, is unlawful imprisonment.

In this short video David Cantor explains Unlawful Imprisonment in Arizona:

Arizona Unlawful Imprisonment Statute

The 2012 Arizona legislature revised the unlawful imprisonment statute (§ 13-1303). A person commits unlawful imprisonment by “knowingly restraining another person.” This definition does not require any intent to harm the person. You can be guilty of unlawful imprisonment even if your intentions are to restrain a person, for what you consider positive reasons. The prosecutor and the judge will discern whether the restraining falls under the statute.

Unlawful Imprisonment, as mentioned, is a serious offense. Arizona law considers the crime a class 6 felony, meaning, if convicted, the accused faces at least a year in state prison. First time offenders sentenced to incarceration usually receive a one-year sentence, actually spending six months in prison. A class 6 felony denotes a crime considered by the state serious enough to warrant prison, yet still one of the least serious offenses for which a lengthy prison sentence is a possibility. Hence, many lawyers will attempt to persuade courts to reduce charges of other “restraining” crimes, especially kidnapping, to unlawful imprisonment.

This crime is unique in that until authorities arrive, the perpetrator can still avoid a charge of felony unlawful imprisonment. If the defendant, prior to officers arriving, releases the victim in a clearly safe manner and environment, then the crime becomes a misdemeanor. A misdemeanor can eventually be expunged, or permanently purged, from your criminal record.

Defenses Against an Unlawful Imprisonment Charge

There are some affirmative defenses listed in the statute. Affirmative defenses are elements that preclude a conviction of a crime. Even if the defendant fulfills every other element of the crime, these defenses mean there can be no conviction. Police officers performing their official duties, and relatives of the victim using force to resume lawful custody, are not guilty of the charge under most circumstances.

If you’ve been suspected of Unlawful Imprisonment in Arizona then call our offices at (602) 307-0808 to schedule a free consultation with a criminal defense lawyer. If you’d like to send us an email, do it here.

August 28, 2019

August 28, 2019September 24, 2020 By dmcantor Blog

How to Post Bail at Maricopa County Jail in Phoenix, Arizona

Many people wonder how the bail bond process works at the Maricopa County Jail (also known as 4th Avenue Jail or Madison Street Jail) in Phoenix. To summarize, a judge uses a matrix form to determine how to best proceed in the matter of bail for an individual alleged offender. The offender’s matrix form takes individual court history into account and bail amount is determined according to the following factors:

Whether the person has failed to appear for a case in the past
Seriousness of the offense
Whether the individual is on probation
Other factors regarding personal character and risk toward re-appearing in court

The judge may determine that the individual can be released on his or her own recognizance. There may be a bond, or they may be non-bondable. Being non-bondable means they must remain in jail throughout their court process. Capital murder cases and those involving crimes against children are non-bondable. Read More

August 26, 2019

August 26, 2019July 3, 2023 By dmcantor Blog

How Does a DUI Affect Your CDL in Arizona?

Receiving a conviction for DUI (driving under the influence) in Arizona can present significant problems for the defendant with a CDL. It is not necessary to be operating a commercial vehicle for a conviction to impact the commercial license status because any general driving privilege suspension period will include a suspension for the commercial driver’s license as well. The damage done by an impaired driving charge depends on the particulars of the case and the possibility of aggravated or enhanced DUI charges, as Arizona has structured a unique comprehensive approach to combat driving under the influence.

All states have stricter standards for commercial drivers who are arrested and convicted for driving under the influence in a commercial vehicle. The universal blood alcohol content level of .08 that all states have adopted for general impaired driving charges does not apply. The standard for commercial drivers to be legally intoxicated in Arizona is .04 BAC level. Commercial drivers that receive a conviction for driving under the influence in Arizona will receive a one year commercial license suspension period regardless of the vehicle the defendant was driving. Two convictions for driving under the influence will result in a lifetime suspension of the commercial driver’s license.

Receiving an intoxicated driving conviction does not necessarily restrict an individual from receiving a commercial driver’s license. An applicant can receive a commercial driver’s license if the previous driver’s license suspension period is completed, but the CDL holder will lose that license if convicted again. The law also makes no distinction between classes of commercial licenses. The suspensions apply to smaller class commercial vehicle operators as well as tractor-trailers.

The impact that a conviction for DUI (driving under the influence) can have on a professional transporter can be immense. Many individuals have invested significantly in their profession and could sacrifice a high income and comfortable standard of living for a simple infraction. In addition to drivers license suspensions, the convicted commercial license holder will receive a much harsher fine than a typical convicted impaired driver.

Convictions for driving under the influence can be a basis for immediate discharge from employment by any transportation company. Many trucking and transportation companies maintain a zero-tolerance policy for impaired driving among employees because of the impact on commercial driving insurance rates and contracted bonding agreements.

Commercial license holders should be aware that states share information concerning DUI convictions. Any CDL applicant should always list a previous conviction that is still effective during their drivers license record period. Any application that does not contain a pertinent conviction will be automatically rejected by the Arizona Department of Motor Vehicles.

If you have a CDL and have been arrested or are suspected of a DUI, give us a call. Our team of DUI defense lawyers will listen to the circumstances of your case and help to formulate defenses to the charge. Call us (or email us) today at (602) 307-0808 to schedule a free consultation.

August 24, 2019

August 24, 2019 By dmcantor Blog

Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

What is the Statute of Limitations for DUI in Arizona?

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statute of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to ARS § 13–107 (E), the time limitation does not include any time in which your identity is unknown. The statute of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statute of limitations will not include the time that you are no longer in the state. According to ARS § 13–107 (D), if you are on the run or entirely absent from the state, the statute of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to ARS § 13–107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call DM Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click here to send us an email using our secure and confidential form.

August 22, 2019

August 22, 2019July 3, 2023 By dmcantor Blog

Second Offense Misdemeanor DUI Penalties in Arizona

Before you can be charged with a second DUI offense in Arizona, you must have a BAC (Blood Alcohol Content) of .08 to .149 and have a previous DUI conviction on your record. Arizona has a look-back period of seven years after the first DUI conviction. That means your first conviction will remain on your record for seven years. If you are arrested during your look-back period, you will be charged with a second DUI.

Arizona’s DUI laws are strict, and second drunk driving charges are taken very seriously. Compared to the first offense, the second DUI offense carries much stiffer penalties and fines.

Watch this short video where David Cantor explains the penalties for a Second Offense Misdemeanor DUI in Arizona:

Minimum Possible Penalties for Second Offense Regular Misdemeanor DUI in Arizona

90 days in jail with the possibility of 60 days suspended if Alcohol classes are completed. Minimum jail cost: $3,300
Alcohol Screening: $100
36 Alcohol Classes: $1,000
Fines, Surcharges, and Assessments: approximately $3,500
1 year driver’s license suspension, followed by 1 year of Ignition Interlock Device: $1,500
30 hours of Community Service
SR-22 Car Insurance Policy $500 per year for 3 years: $1,500
Car Insurance Increases up to $3,000 per year for 3 years: $9,000

Grand Total: $18,400 (with car insurance) or $7,900 (without car insurance)

What Happens After You are Charged with a Second Offense DUI?

Because each case is different, there is no right answer to what will happen in your situation. The outcome depends on the circumstances of your arrest and your defense strategy. While you will face jail time, you will not necessarily be ordered to go to jail. The best way to get accurate advice about your case and reduce your damages in court is to give DM Cantor a call to get a Free DUI Case Review.

Call 602-307-0808 now to schedule a free consultation. You can also send us a message using our secure and confidential contact form.

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