Misdemeanors in Federal Courts

For those of us who live near or spend our some of our vacation time in these Western States, dominated by beautiful federally-controlled lands and enclaves —millions and millions of acres of National Forests, National Parks, National Recreation Areas, National Wildlife Refuges, to name a few– some of us have had close encounters, not with Grizzly Bears or ravenous packs of Coatimundis, but with the occasional lone straw- hatted bi-ped, suited in green, badged and armed, spilling copious carbon emissions from the tailpipe of his idling green truck, and wielding his little ticket book.

Read: Misdemeanors in Federal Courts

How to Completely Avoid DUI Jail Time

First, let’s figure out what kind of DUI it is. They’re usually misdemeanors unless there’s been an accident, had children under 15 in the car, or you’ve had problems in the past. Most of the time when they give you a citation and let you go home it’s a misdemeanor.

Read: How to Completely Avoid DUI Jail Time

Wrongfully Convicted in Arizona: Five Things you Should Know

Arizona courts don’t appoint public defenders or indigent defense attorneys on misdemeanors generally unless the prosecutor is looking for jail time. That means that people facing domestic violence cases many times don’t get a lawyer.So sometimes good people think they are making a good cost-effective and harmless choice by taking a plea early, and uncounseled in what they think is a nothing case, only to find that they lose their job over it, they get rejected from college, they get deported, or they experience some other unforeseen disaster.

Read: Wrongfully Convicted in Arizona: Five Things you Should Know

Do I Have a Right to a Lawyer in a Misdemeanor Criminal Case

The Sixth Amendment of the United States Constitution provides each person investigated or arrested by the police, or charged with a crime, the right to an attorney at “all critical stages of proceedings.” A few things to keep in mind at the outset.

Read: Do I Have a Right to a Lawyer in a Misdemeanor Criminal Case

When do the Police Have to Advise Me of My Miranda Rights

First of all, there is no absolute requirement that police ever have to give you Miranda warnings, when they arrest you. Only if they want to question you. Sometimes the police simply arrest you and don’t bother with the warnings and then don’t try to use your statements.

Read: When do the Police Have to Advise Me of My Miranda Rights

Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?

On October 21, 2020, three months ago now, the President of the United States signed into law, maybe the only truly bi-partisan accomplishments of Congress over the last few years: The Due Process Protection Act of 2020 (“DPPA”) P.L. No. 116-182, 134 Stat. Ann. 894.

Read: Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?

Can I Get a DUI While My Vehicle is Parked

Today we’re going to talk about parked cars. Police sometimes approach you when you’ve legally parked a vehicle and are using it as a stationary shelter—i.e., you’ve had too much to drink perhaps, and you decide to pull off the road. Or not get on it in the first place. You’re doing the right thing—what the law says you should do. But then the police come upon you, claiming that it was a “check welfare” and arrest you for DUI even though you weren’t actually driving.

Read: Can I Get a DUI While My Vehicle is Parked

License Plate Covers, Window Tinting, and Mud Flaps – DUI Stop

Today, we’re going to talk about four other types of questionable “equipment violations” that the police in Arizona tend to rely on for thin DUI stops: License Plate covers, window tinting, rear-view mirror hanging placards, and “mud flaps”

Read: License Plate Covers, Window Tinting, and Mud Flaps – DUI Stop

Headlights, Taillights and Brake Lights – DUI Stop

Headlights, taillights, brake lights, and license plate lights– claimed vehicle equipment lighting violations police tend to use as an excuse or pretext to stop a vehicle late at night and conduct a DUI investigation.

Read: Headlights, Taillights and Brake Lights – DUI Stop

Following Too Closely – Common DUI Stop

Last time, we spoke about one particular sometimes spurious excuse that DUI police in Arizona tend or in some cases love to use to justify late night stops: ARS 28-729.1 “touching” or momentarily “crossing” a lane divider. Today I want to speak with you about some other sometimes equally spurious reasons police use to justify late night DUI stops.

Read: Following Too Closely – Common DUI Stop