DUI Lawyer Defending People in Phoenix, Scottsdale, and Tempe, AZ

Mark N. Weingart has been practicing law in Arizona, specifically Phoenix, Scottsdale, and Tempe, for 35 years. He is a former assistant county prosecuting attorney in the State of Ohio, where he prosecuted in excess of 100 DUI cases early in his career. When he came to Arizona in 1979, he was appointed as a city court judge in the City of Tempe, where he presided over DUI cases. At the time, Mr. Weingart was the youngest appointed city judge in Arizona. He worked full- and part-time in that capacity from 1979 until 1986. Also for a six-year period, he served as an Assistant Attorney General for the State of Arizona.

You can expect a call immediately after submitting your contact information, regardless if the submission is after normal business hours or on the weekend. When you email or call the office, you will speak with a member of The Weingart Firm directly. When you call, you will speak with us right away. We will go over all of your paperwork, explain the process, time frames, what to expect, and answer all of your questions.

Arizona’s Medical Marijuana Laws

Arizona’s Medical Marijuana Laws

In November 2010 Arizona passed the Arizona Medical Marijuana Act (AMMA) which outlines the regulations for medical marijuana.2 The act designated the Arizona Department of Health Services as the department to come up with the rules and components of the medical marijuana program and to come up with registration and oversight for medical marijuana dispensaries.3 In order to use medical marijuana, you need to be a qualifying patient. Adults can fill out an online application form complete with an attestation form when you are applying for a certification or registration identification card.4 You will need to provide identifying information (such as your name, gender, address, and phone number) as well as whether or not you are requesting authorization to cultivate marijuana plants.5

Arizona has debated whether or not this law provides a sort of immunity to those who drive when they lawfully use medical marijuana. In 2013 the Arizona Court of Appeals has said that there is not a blanket immunity from DUI prosecution if you have a marijuana chemical compound in your body.6 Thus, if you are driving after using medical marijuana you could still be charged under DUI laws that ban having a prohibited compound in your body.7 In this case an Arizona man was pulled over for making unsafe lane changes and charged under Arizona statutes for driving while under the influence of any drug to the slightest degree and for driving with a metabolite in his body because he had “smoked some weed.”8 While the first charge was dismissed, the metabolite charge remained.9 The reasoning behind Judge Michael Brown’s decision was that the medical marijuana statute did not contain specific language concerning protecting medical marijuana users from being punished for driving under the effects of the marijuana metabolite.10

However, this ruling was later reversed in April when the court determined that the phrase “its metabolite” in the Arizona statute was ambiguous and subject to different interpretations.11 The court found that including marijuana metabolites that do not cause impairment is absurd because it would create criminal liability no matter how long the metabolite was in the driver’s system and whether it had any impairing effect.12 The Arizona Supreme Court went on to reference how the AMMA legalized medical marijuana, and thus such usage is legal and should not be criminally prosecuted under Arizona DUI laws.13

Involuntary Intoxication Defense to DUI

Involuntary Intoxication Defense to DUI

by DUI attorney Christopher H. Ariano

A Driving Under the Influence (DUI) charge can harm your life. You impliedly consent to field sobriety tests once you get into a vehicle, and if you are pulled over and have a Blood Alcohol Concentration (BAC) of over 0.08% after such tests you could be saddled with this kind of charge. Arizona has serious DUI penalties that can affect your employment prospects and financial situation. It is important to contact an experienced DUI attorney if you find yourself in a position where you are charged with a DUI.

Is a DUI a strict liability offense?

In some jurisdictions a DUI is a strict liability offense, which means that in order to be convicted the prosecution does not need to prove any intent element (i.e. that you intended to drive drunk).1 In Arizona, a state of mind requirement for a DUI conviction is absent. However, a reckless state of mind could be implied from the action of driving while under the influence of intoxicating liquor, vapors, or drugs. See generally A.R.S. § 28-1381(A).

What is the involuntary intoxication defense?

In certain states involuntary intoxication is a full defense to a crime.2 You do not need to consume alcohol in order to be charged with a DUI. A drug or a drug metabolite will also be enough for you to earn a DUI charge. Involuntary intoxication defenses are fact specific. Various states have different contexts where involuntary intoxication could be a defense, such as where intoxication is through force or fraud, where it was caused by an innocent mistake (e.g. taking a hallucinogenic pill in the reasonable belief that it is an aspirin), where unexpected intoxication comes from a medically prescribed drug, or where you unknowingly suffer from some physiological or psychological condition that renders him abnormally susceptible to a legal intoxicant.3

Further, in California if you are intoxicated when you did not choose to consume alcohol this is a complete defense to a criminal charge.4 However, it is often difficult to prove involuntary intoxication. In California, you would have to show that you consumed alcohol or drugs without knowing you were doing so or that somebody forced you or tricked you into taking this intoxicating substance.5 Colorado also has an involuntary intoxication defense etched into its statutes as an affirmative defense.6 The defense in Colorado focuses on the defendant’s lack of capacity to conform his or her conduct to the requirements of law after a substance, that was not known to be an intoxicant, was introduced into his or her body.7

In Arizona it is uncertain as to whether the involuntary intoxication defense would be a valid defense. Arizona does recognize the involuntary intoxication defense in crimes that require a mental state (such as intent or knowledge).8 Thus, if someone is forced to take drugs or alcohol or does so without knowledge that what they were ingesting was an intoxicating drug it could negate the mental state element of the crime. If you have been charged with a DUI in Arizona, it is best to contact an experienced Arizona DUI attorney. Your attorney will be able to mount your best defense considering your circumstances.

Justin Bieber's DUI: Why Did He Plead "Not Guilty?"

Justin Bieber's DUI: Why Did He Plead "Not Guilty?"
Media sources are scrambling to answer a slew of questions following Justin Biebers' DUI. Some called the arrest a publicity stunt, while others are convinced that the 19-year-old Canadian pop star actually drove under the influence of drugs and alcohol. Still others wonder if the arresting officer fudged Bieber's DUI police report.

Even though Bieber pled "not guilty," prosecutors are confident that the young singer will accept a plea bargain instead of going to trial because of the evidence held against him.

According to police reports, a law enforcement officer spotted Bieber in a Lamborghini around 4:00am in the morning on January 23rd. The report stated that Bieber and another vehicle were drag racing in residential zone.

The report also said that Bieber's breath smelled like alcohol and his eyes were bloodshot. While both of these signs might indicate DUI, Bieber only blew a .014% on his Breathalyzer test. The legal BAC limit for drunk driving in all fifty states is .08%. In Florida, the DUI threshold for underage drivers is only .02%.

Bieber's test results were well beneath the legal limit, indicating that he probably wasn't under the influence of alcohol.

Shaky Evidence for Drag Racing

In his report, the arresting officer stated that Bieber was racing another vehicle in a residential zone, traveling between 55 and 60 mph. The speed limit was 30 mph. According to a GPS device connected to the Lamborghini, Bieber didn't come close to 60 mph right before the arrest.

Field Sobriety Testing

In addition to the Breathalyzer test, law enforcement administered field sobriety testing, which Bieber failed. While this might seem like significant evidence against the singer, field sobriety tests are notoriously inaccurate. A sober person with poor balance could easily fail a field sobriety test. In fact, one news source indicated that Bieber's friend failed such a test the night Bieber was arrested, even though he was completely sober.

DUI Lawyer Serving Phoenix, Arizona

If you were arrested for drunk driving, you need a skilled and experienced legal representative on your side. The Knowles Law Firm, PLC handles all types of criminal defense cases in Phoenix, including DUIs and drugged driving charges. To learn more, fill out a free online case evaluation form today.

Phoenix Drunk Driving Accident Attorney at Israel & Gerity, PLLC Comments on Report about Falling DUI Arrest Rate in Arizona

Phoenix Drunk Driving Accident Attorney at Israel & Gerity, PLLC Comments on Report about Falling DUI Arrest Rate in Arizona
While a news report indicates that DUI arrests decreased throughout Arizona in 2013, Phoenix drunk driving accident lawyer Kyle A. Israel says that more work needs to be done to prevent alcohol-related crashes.
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While the number of arrests has declined, we still see drunk drivers on the roads and highways every day. Every drunk driver is risking the lives of all others sharing the road.
Phoenix, AZ (PRWEB) February 06, 2014

Commenting on a news report about a decrease in DUI arrests in Arizona in 2013, Phoenix drunk driving accident lawyer Kyle A. Israel of Israel & Gerity, PLLC, said it’s important for drivers to continue to operate responsibly to keep Arizona’s roads safe for everyone.
Israel commented on a report in AZFamily (“Total number of DUIs in Arizona dropped in 2013,” January 7). According to the story, the Governor’s Office of Highway Safety recorded the state’s first decrease in alcohol-related arrests in nearly a decade in 2013.
“It’s encouraging news that the number of DUI arrests dropped in 2013, and we hope this means fewer drunk drivers are using our roads and highways,” Israel said. “We have seen first-hand the devastating impact of car accidents involving impaired drivers. While the number of arrests has declined, we still see drunk drivers on the roads and highways every day. Every drunk driver is risking the lives of all others sharing the road.”
According to the AZFamily report, officers participating in the Governor’s Office of Highway Safety’s statewide task force recorded more than 29,000 DUI arrests in 2013. This number represented a decrease of more than 3,000 from 2012, the article stated.
Furthermore, the AZFamily article indicated that 2013 marked the first year in close to a decade that alcohol-related arrests decreased throughout the state. DUI arrests increased from nearly 5,300 in 2004, to more to 10,000 in 2007, the article said, with state officials reporting that 20,000 arrests were reported in 2010 and over 31,000 were reported in 2011.
“Our firm supports the Governor’s Office of Highway Safety’s continuing efforts to take drunk drivers off Arizona roads and highways,” attorney Israel said. “While police can aggressively patrol for drunk drivers, the key to preventing alcohol-related crashes and fatalities ultimately rests in the hands of our state’s drivers.”
“Drunk driving can have serious consequences,” Israel said. “We encourage all drivers to avoid getting behind the wheel after having too much to drink. Use a designated driver or call a friend, family member or a cab to get you home if you’ve been drinking. While a DUI arrest can make your life difficult, you can be in a much worse place if you cause a serious accident.”
Israel said attorneys can help those injured in drunk driving accidents and families whose loved ones were killed in accidents pursue compensation for their losses. A lawyer can hold the negligent individual accountable and send a message that careless or reckless behavior will not be tolerated on Arizona roads, he said.
About Israel & Gerity, PLLC
Attorney Kyle A. Israel obtained his degree from the Arizona State University College of Law and has practiced law in Arizona since 1994. In addition to handling cases involving car and truck accidents, Israel & Gerity’s legal practice focuses on helping victims of construction accidents, construction defects, lithium toxicity, dog bites and nursing home negligence. Attorney Israel was anonymously selected by his peers into the first class of Arizona’s Finest Lawyers, an honor reserved for 2% of lawyers across the state, and has received nearly 100% favorable verdicts in the cases he has tried to verdict.
For more information about what to do if you’ve been in a car or truck accident, call (888) 900-3667 for a free case consultation.
Israel & Gerity is located at:
3300 N. Central Ave
Suite 2000 

Choosing a Phoenix DUI Attorney

Choosing a Phoenix DUI Attorney

First, you do not have to hire a lawyer but you should ideally get someone who has good experience with DUI cases, particularly Phoenix DUI cases because local knowledge can be vital to your success.

A good DUI attorney will not only make the necessary appearances and negotiate with the prosecutor, but will also keep you fully briefed on what is happening and what the various alternatives might be.

Do not go with any lawyer who says he will meet you on the day of the case or who is overly aggressive when it comes to dealing with the prosecutor.

Some Phoenix DUI Attorneys

The following include experienced DUI attorneys in Phoenix but are only a sampling and should not serve to exclude you making all necessary enquiries yourself.

- See more at: http://www.lawfuel.com/dui-lawyers/phoenix-dui-attorneys/#sthash.mwcFZ6tg.dpuf

Before you see a Phoenix DUI Lawyer

Before you see a Phoenix DUI Lawyer

If you want to know some key steps to avoid the need to see a DUI lawyer then consider the following.

First, ensure you have your identification with you because the police will certainly take note of how easy (or otherwise) it is to find that ID information.

Second, avoid ‘field tests’ like touching your fingers to the nose, walking the line and so forth. If you fail or fumble on any of these it will count against you in subsequent prosecutions so just don’t take them at all. You have no law in Arizona that requires you to do so.

Third, take care not to answer questions from the police. They will always ask the preliminary questions like how much you have had to drink and so forth but simply say you need to see your attorney before answering questions. That does not mean you need to hunt down a Phoenix lawyer there and then, but rather you can exercise your constitutional right to not answer questions. Like the field tests, these can be used against you.

Four, don’t permit a search of your vehicle either. There is no warrant for them to search and you should not comply. Be polite, but firm.

Five, notwithstanding what is said, be co-operative and polite. Your attitude shouild be helpful, not hindering. Don’t try and be funny, aggressive or apologetic.

Six, you will need to take a blood or urine test because under the so-called implied consent law you are required to do so. Failure to do so will result in your license being suspended for at least a year even if you receive no DUI conviction. If you’re in Phoenix the most likely scenario is you will be taken to a station or testing site for a blood test and if the blood alcohol concentration (BAC) is under .08 per cent you may escape being charged.

If your BAC is .15 per cent or more then you will be charged with DUI or extreme DUI.

Remember that the completion of your test will have you asked whether you want to waive the preservation of your sample. You must never waive it. It could be your salvation.

Seven, following a test ensure you go to a hospital or elsewhere and have aprivate test undertaken. A lower BAC can be used in your case.

- See more at: http://www.lawfuel.com/dui-lawyers/phoenix-dui-attorneys/#sthash.mwcFZ6tg.dpuf