Phoenix DUI Law Blog

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…

A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the prosecution meet its burden to prove a defendant guilty. In a recent case before the Arizona Court of Appeals, Division Two, the defendant appealed a trial court’s decision to admit…

In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the brief amount of time that it takes an officer to address the traffic violation with the driver. Then, in general, the officer must let the driver leave. In certain circumstances,…

In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are several different kinds of DUI, and there are different penalties that come with each kind. The following summaries provide basic descriptions of each kind of DUI in Arizona; however, the…

In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for transportation of a dangerous drug for sale. The defendant was originally subject to a traffic stop while he was in the passenger seat of a vehicle. The car’s driver had a…