Criminal Law

The whole is not always the same as its parts

Posted on May 14, 2015
You are going to buy a new home.  The house is 2000 square feet on a 3/4 acre lot.  You hire Rich (the termite inspector) to check it out before you buy. After all, no one wants to buy a house with termites.  Good news!  The house passed...

The Supreme Court Splits the baby in the Scottsdale Crime Lab Cases.

Posted on April 24, 2015
The highly anticipated Arizona Supreme Court opinion regarding the Scottsdale Crime Lab scandal was issued yesterday.   In a very Solomon like decision, the Court granted both sides some relief.   The decision contains a lot of legal nuance requiring explanation...

Arizona Supreme Court: Scottsdale Crime Lab Update

Posted on April 22, 2015
Tomorrow around 10:00 a.m. the Arizona Supreme Court will issue its decision regarding the Scottsdale Crime Lab.  Here are some of the new stories about the case of STATE v HON. BERNSTEIN/HERMAN: Scottsdale DUIs in question over lab methods - Arizona Republic  Judge finds problems with Scottsdale Crime Lab, tosses evidence in DUI cases - Channel 3 news & Azfamily...

Measuring and Counting

Posted on April 21, 2015
 MEASURING Measuring is the assignment of a number, and all the uncertainties of that of that number, to something.  The purpose of assigning a number is to give meaning to the object measured. Uncertainty: A bag placed upon a scale shows its weight to be 41 pounds...

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Scottsdale Crime Lab: The Supreme Court's Statement of Issues

Posted on February 17, 2015
Today at 11:00 a.m. the Arizona Supreme Court will hear oral arguments regarding whether to reinstate a trial court's finding that - blood alcohol measurements created by the Scottsdale Crime Lab are unreliable.  You can read a history of this litigation by clicking here...

The Scottsdale Crime Lab cases will be reviewed by the Arizona Supreme Court

Posted on February 13, 2015
The Arizona Supreme Court has decided to review the Court of Appeals' (COA) ruling regarding whether Scottsdale DUI results can be trusted.   Our ongoing legal battle over the defective software used by the Scottsdale Crime Lab (SCL) to measure BAC levels begins its final stage...

You have a bandwidth problem

Posted on November 11, 2014
An analyst from a crime lab testifies that a defendant, who is charged with DUI, has a blood alcohol concentration of .120.  Despite the legal requirements that the state must prove the test is trustworthy, most jurors have made a blink judgement the that test is correct...

How did you get that number?

Posted on June 24, 2014
If you are making a decision based upon a measurement, then you have two choices.   One, you can simply accept any number a machine produces as true; or   Two, you can ask 'how did you get that number?'   The choice you make should be based upon how important the decision is that  you're basing the measurement upon...

What warrants a warrant?

Posted on May 13, 2014
After the Supreme Court decided the case of Missouri v. McNeely, the question of when a warrant is required, before law enforcement may draw a person's blood became more interesting to say the least.  On one side of the issue was the position that a blood alcohol concentrations is constantly changing, thus, there is a justification for law enforcement to bypass the traditional warrant requirement...

The anatomy of a gas chromatograph

Posted on April 16, 2014
  The results produced by a gas chromatograph are usually the difference between innocence and guilt in a DUI case.  The prosecution's purported blood alcohol concentration (BAC) is typically the 'end-all be-all' of their case. Let's take a look at how this machine creates such a critical measurement...

The eyes have it

Posted on October 10, 2013
At the side of the road, law enforcement routinely makes DUI arrests based upon results of a Horizontal Gaze Nystagmus (HGN) test. The underlying premise of the test is: you drink enough alcohol, and then you eyes will show HGN. Alcohol, however, is not the sole cause of HGN...

Read the "Warning Label" of your blood test

Posted on September 30, 2013
When should you trust a blood test result that claims to measures an alcohol concentration?  Start by reading the test's "Warning Label."  Here is an explanation on my legalcoffee blog.

A reported result versus a complete result

Posted on September 17, 2013
  In DUI cases, a machine called a gas chromatograph is often used to measure an alcohol concentration in a blood sample.   The measurement, which the machine prints at the end of the process, is called a reported result.  We are finally at the point in Arizona, where courts are starting to recognize that merely providing a reported result is not sufficient evidence...

Scottsdale DUI Blood Tests Ruled Unreliable

Posted on August 23, 2013
In July of 2012, I asked a member of the Scottsdale Crime Lab for an interview about some rumors. She refused and told me to get a court order.  At that time I was surprised.  Why would she refuse to do a routine interview? ?? Today we know the answer...

THE NEW ARIZONA DUI LAWS ARE HERE!

Posted on May 08, 2011
It's true - Arizona has reduced the penalties for DUI convictions.  Here are some of the highlights: The interlock requirement has been reduced from 12 months to 6 months (for first time non-extreme DUI.) The mandatory jail requirements have been modified / reduced...

Blood Testing Is About More Than A Machine

Posted on February 05, 2011
In DUI cases, an accurate blood test result requires more than just the blood tester to be working properly. A reliable test results requires more than than what the machine (the blood tester) provides.  As shown below, see the machine is just a fraction of the process need to obtain an accurate and reliable result...

Blood Testing Is About More Than A Machine

Posted on February 05, 2011
In DUI cases, an accurate blood test result requires more than just the blood tester to be working properly. A reliable test results requires more than than what the machine (the blood tester) provides.  As shown below, see the machine is just a fraction of the process need to obtain an accurate and reliable result...

Interview with KTAR's Jay Lawrence

Posted on October 26, 2010
This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including: current Arizona charges and penalties, changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example), measurement and testing, drug-based DUI charges - both legal prescription and illegal, differing charges while a child is in a vehicle, and timelines for resolution of DUI charges...

Interview with KTAR's Jay Lawrence

Posted on October 26, 2010
This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including: current Arizona charges and penalties, changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example), measurement and testing, drug-based DUI charges - both legal prescription and illegal, differing charges while a child is in a vehicle, and timelines for resolution of DUI charges...

The Dirty Little Secret (of Arizona DUI First Offense)

Posted on August 25, 2010
Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM.  It makes perfect sense, right.  Who would risk more than a month in jail for a few drinks.   Apparently - lots of people.  Maybe even more people now, than when the penalties were previously lower...

The Dirty Little Secret (of Arizona DUI First Offense)

Posted on August 25, 2010
Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM.  It makes perfect sense, right.  Who would risk more than a month in jail for a few drinks.   Apparently - lots of people.  Maybe even more people now, than when the penalties were previously lower...

The DUI With No Driving - Part 1

Posted on July 21, 2010
  DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle...

The DUI With No Driving - Part 1

Posted on July 21, 2010
    DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle...

Scottsdale DUI: Home Detention Is Here (Almost)

Posted on July 09, 2010
I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program.  It appears that they have finally implemented the program.  Here are the minimum qualifications based on the information I was given at court...

Scottsdale DUI: Home Detention Is Here (Almost)

Posted on July 09, 2010
I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program.  It appears that they have finally implemented the program.  Here are the minimum qualifications based on the information I was given at court...

Scottsdale DUI: Home Detention Update

Posted on June 10, 2010
While the City of Scottsdale has approved a home detention program, it has not released any of the program's details. The most anticipated detail is the start date. As of yesterday, the start date has not been released. There has been speculation that it may not start until the end of summer...

Scottsdale DUI: Changes in the Scottsdale Courts

Posted on February 22, 2010
What is going on in Scottsdale?  In the last 30 days two judges have been let go by the City Counsel.  What is coming next? 

Best DUI Blog Posts: December 2009

Posted on December 16, 2009
I am starting a new list of the best DUI blog posts for the past month.  I am admittedly stealing the idea after reading Kevin O'Keefe's Best In Law Blogs.  However, as I am one of Kevin's clients, I don't think he will mind (as long as the check clears...

When Lawyers Attack

Posted on December 15, 2009
Last night I am reading Gideon's blog and I see a post with the title: 'This Seattle DUI lawyer is a Douchebag.' As someone who loves a good fight, I started reading. Here is the beginning of the post: So normally I don't write posts like this, because I don't give flyin' rat's ass...

Arizona Extreme DUI: The Out of State Visitor Dilemma

Posted on November 18, 2009
The harsh penalties for an Arizona extreme DUI conviction have been well chronicled in this blog.  However, what happens when we apply these penalties to people who were only visiting Arizona and charged with DUI? One could take the view: who cares?  When people come to "our state" and commit crimes, they deserve whatever they get...

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