Last month, an Arizona court of appeals reversed a lower court’s decision not to expunge a marijuana conviction from a defendant’s record. The defendant had asked for the conviction to be stricken from his record, but the trial court originally denied the defendant’s request. Looking more closely at the case,…
Articles Posted in Marijuana
Arizona Defendant Successfully Argues for Vacated Plea Deal in Light of 2020 Marijuana Legalization
In a recent case before an Arizona court of appeals, the defendant asked for his 2017 plea deal to be vacated and reconsidered. Five years ago, the defendant pled guilty to several crimes and was sentenced with a marijuana conviction on his record. Given the 2020 legalization of recreational marijuana…
Arizona Defendant Successfully Appeals Manslaughter Conviction
In a recent case coming out of an Arizona court, the defendant successfully appealed his convictions following a car accident at least partially caused by his speeding. The defendant was originally charged with and convicted of manslaughter, aggravated assault, and criminal damage. Because of his appeal and the facts surrounding…
Changes in DUI Laws Important to Consider as Proposition 207 Shifts the Legal Landscape in Arizona
In the past few years, general perspectives and laws around marijuana have shifted in Arizona. In 2010, medical marijuana was legalized. In 2020, Arizonans passed Proposition 207, which legalized the use and possession of small amounts of marijuana. Because of these changes, marijuana DUI laws in the State are enforced…
Implications of Legalization of Recreational Marijuana on Arizona DUIs
In January, several Arizona dispensaries began selling marijuana to legal adults who do not have a medical marijuana card. The move came after voters approved Arizona marijuana sales. Motorists must understand that despite the legalization of recreational marijuana, they may still be arrested and charged with an Arizona DUI. Notwithstanding…
How the Legalization of Marijuana May Affect the Enforcement of Arizona DUI Laws
Over the past decade, there has been a shift in society’s attitude towards marijuana. As a result, many states have legalized medical marijuana, decriminalized possession of a small amount of marijuana, and even legalized recreational use of marijuana. According to a recent news report, a 2020 ballot initiative in Arizona…
Marijuana DUI: Financial Penalties in Arizona
In the state of Arizona, it is illegal to use or possess marijuana, sell or distribute marijuana, produce marijuana, and transport marijuana. It’s also illegal to drive while under the influence of marijuana. The state has stiff penalties against people who violate marijuana DUI laws, which is why having a…
Marijuana Field Sobriety Tests Are Not Reliable
There is currently a nationwide discussion about the legality of marijuana. While the federal government continues to debate whether or not marijuana is legal, the state of Arizona has very strict laws regarding purchase, possession, and use of the substance. Only people with medical marijuana card can obtain small amounts…
How the Recreational Marijuana Ballot Initiative Could Affect DUIs in Arizona
Here at The Law Office of James Novak, we take all legal matters seriously. This includes current laws on the books as well as new laws that are being proposed. Both can have an affect on DUI defense and legal strategies, whether the charge involves alcohol or other controlled substances.…
DUI Penalties for Marijuana Possession and Use
While marijuana is also a controlled substance and it's illegal to drive under the influence of marijuana, the laws related to marijuana DUI will differ from traditional drunk driving laws. There is a matter of use of an illicit substance to consider on top of potential possession as well as…