Phoenix DUI Law Blog

Arizona courts recently clarified a key question about aggravated DUI charges that involve wrong-way driving. The Court of Appeals held that the “wrong-way on a highway” aggravator in A.R.S. Section 28-1383(A)(5) works as a strict-liability element. In plain terms, prosecutors do not have to prove you knew or should have known you were traveling against…

If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later depends entirely on what was requested at trial. A June 2025 decision from the Arizona Court of Appeals explains how justification defenses must be preserved and what happens when defense…

A recent Arizona Court of Appeals decision shows how prosecutors can use indirect evidence to secure convictions for weapons offenses, even when police do not find a firearm during the arrest. If you are accused of a crime involving guns or drug sales, you should speak with an attorney who understands how the state builds…

In June 2025, the Arizona Court of Appeals clarified how and when courts may restrict firearm rights in cases involving orders of protection. The opinion, issued in a Maricopa County appeal, reinforced that Arizona courts must base firearm prohibitions on specific evidence of a credible threat. This ruling is important for anyone accused in a…

You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the case. A recent court ruling confirmed that even when a key witness changes their story, the jury still decides whether the original account or the retraction carries more weight. This…

If you’ve been arrested in Mesa and questioned by police after a long night, you might wonder whether statements made during that interview can be used against you in court. A recent decision from the Arizona Court of Appeals in State v. Madril, shows that even when you’re exhausted or under the influence, your statements…

If police question you following an arrest, your responses or your choice to remain silent can directly affect the outcome of your case. A recent decision from the Arizona Supreme Court confirms that partial silence after receiving Miranda warnings may be used to question a person’s credibility at trial. This ruling highlights the importance of…

In Arizona, what might start as a straightforward criminal charge can quickly escalate into something far more serious when prosecutors tack on aggravating factors. Things like prior convictions, especially for violent offenses, can turn a bad situation worse. But even without a criminal record, other elements—like committing a crime while impersonating an officer, targeting a…

In the recent case of State v. Schalk, the Arizona Court of Appeals upheld the convictions of David Schalk for kidnapping and aggravated assault. This decision provides insight into the appellate process and underscores the importance of jury impartiality and the handling of potential biases during trial. Case Background In June 2022, David Schalk and…

If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be frustrating and intimidating, which makes it important to understand ahead of time what you can and cannot do. One question our clients have sometimes asked is whether the officer can ask…