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Blood testing is becoming more and more popular when it
comes to DUI testing. Instead of using the breath testing instruments, most of
the law enforcement agencies are now taking blood tests. The officers in the
state of Arizona
are drawing the blood of the drivers themselves instead of sending them to a
medical facility for the test. Not a very long time back, Arizona was the only state where the
officers were required to draw the blood of the people who they suspected to be
driving under the influence of alcohol. Even though people are not sure whether
all officers are carrying out this test, Arizona
has still made a name for itself for being a leading state where its officers
carrying out blood tests and it has also influenced other states to follow this
act. Many Phoenix criminal defense attorneys have handled cases involving blood samples collected directly by the police.
Some Phoenix area DUI officers have been trained as phlebotomists
and are regularly taking blood samples from DUI suspects themselves. Mostly,
the officers are trained to draw blood and they use needles to take out the
blood samples from the suspects. The tubes that they use to store the blood in
contain an anticoagulant and preservative so that the blood test can give an
accurate result. By using the preservative, bacteria will not grow in the
blood. If bacteria grow in the blood then it will lead to the neo-genesis of
alcohol present in the blood. Anticoagulant is added in the tube so that the
blood that is collected will not clot.
There is a reason why the law prefers blood testing and this
is because of the fact that this test can not be challenged by defense
attorneys. This is because blood tests are more reliable than breath testing. There
is a drawback of this kind of testing and it is that the process is a
complicated one, costs more and the results take longer to obtain. Nevertheless, a skilled Scottsdale DUI
defense attorney may still be able to successfully attack the reliability of a
blood test in a DUI case.
http://www.azcentral.com/news/articles/2009/10/30/20091030keller1030-on.html A Phoenix Criminal
Attorney who was addicted to methamphetamine allowed his dependence on the drug
to cloud his judgment and as a result, he was sentenced to four years
imprisonment on Friday. He was also sentenced to seven years probation for
smuggling heroin and a cellular phone into a prison.
The name of the
Phoenix Criminal Lawyer is Jason Keller and he delivered the smuggled goods to
a prisoner who belonged to a Mexican Mafia. This lawyer admitted to carrying
out this illegal task during the proceeding at the Maricopa County Superior
Court. He made an apology to his clients and his loved ones for dishonoring the
legal profession.
Keller was a
defense attorney and he admitted that he made the mistake of being abused by
drugs even though he had seen his past clients making the same mistake. He said
that he understood he had done a lot of damage and that he wanted to fix the
damage. Keller also hoped that one day he would be able to redeem himself and
that he was not of the opinion that being in the prison for a long term would
be of any good.
The prosecutors
wanted Keller to be in jail for up to a decade but Steven Lynch, the
Commissioner, felt that the Keller was regretting his action and he also did
not have any criminal record before. Moreover, the attorney was also a victim
of substance abuse and was clinically depressed.
Lynch said that it
was terrible and that he knew that the public knew it was a terrible thing to
do. He also said that the benefit of the situation was that it was discovered
sooner than later before any damage was made.
Keller's lawyer, Ulises
Ferragut Jr., requested for a three-year sentence; which is the minimum
permitted under a plea bargain.
http://www.myfoxphoenix.com/dpp/health/teen_dating_violence_law_09_30_2009 An ex-boyfriend shot his 17-year old girl friend
Kaitlyn Sudberry in January 2008. Kaitlyn's mother Bobbi wanted the purview of
the domestic laws in Arizona to be broadened; for this she
fought a lone battle and on Wednesday her quest was turned into a law.
In
January of the year 2008 when Kaitlyn was walking home back from school Daniel
Byrd saw her and shot at her; after that he also shot himself. Daniel was also
17. Prior
to Wednesday domestic law encompassed married people or those who had a child
or were related by blood.
Daniel
Byrd had been harassing Kaity from the time she broke off with him, he would
trouble her in school and threaten to kill Kaity and himself. Kaity's mother
had requested for her daughter's protection but it was not accepted as the boy
and Kaity were not married. After Kaity's murder, Bobbi, Kaity's mother made it
her objective in life to get the purview of the law to include people who were
not in a marital relationship and on Wednesday the law came to be known as
Kaity's law.
Earlier when either of the partners in a dating relationship
became abusive or attempted harassment the law just allowed you to report a
case of harassment, now those involved get as much protection as married
couples do. In fact, many domestic violence cases in Phoenix involve unmarried persons.
Allie Bones who assisted in the passing of the law stated
that the person involved could be restricted from visiting your house, work or
school. Kaity's mother feels proud whenever Kaity's law is mentioned though she
wishes Kaity was with her and she wants people to remember Kaitlyn as her
murder brought the law into effect. After years of struggle the purview of
domestic violence in the state of Arizona
has been broadened to include people not involved in a marital relationship.
A memorial has been created at the spot where Kaity was
killed at 36th Ave,
Cactus.
http://www.duiblog.com/2004/10/30/xeroxed-dui-symptoms/
In several cases of DUI arrests it has been found that the
police officer in charge had similar reports for all the arrest cases. Any
Phoenix DUI attorney will tell you that many law enforcers are not so honest
when they are making DUI reports. This is particularly evident in reports that
show report similar symptoms in all DUI cases.
For example, portions of the reports seem common when
discussing how the driver fumbled for his wallet, had bloodshot eyes and
claimed he had consumed two beers before driving.
With the use of computer technology, it is all too easy
for police officer to simply "cut and paste" boilerplate portions of their
report from one case to the next. Not surprisingly,
the claims included in the "Xeroxed" reports seldom involves observations that
could independently be confirmed or debunked - such as the odor of alcohol on
the drivers breath.
In fact, I have personally seen DUI police reports wherein
the officer was so lazy, he neglected to remove the name of a previous arrestee
when transferring portions of that report into my client's report. Many drivers charged with DUI in Scottsdale or Phoenix have the misconception that there is nothing that can be done to avoid a DUI conviction
if their blood or breath test is over a .08%.
It is important to keep in mind that regardless of how high one's BAC
might be, there are always potential defenses that can be asserted which arise
from the reasonableness of the officer's conduct when initiating the traffic
stop and placing you under arrest.
Because these types of issues all to often hinge on the credibility of
the officers in-court testimony, it is important to explore any aspects of the
case which demonstrate that the reports were not completed accurately or
completely. Identifying "Xeroxed"
symptoms can be a very helpful step in that process.
http://www.azcentral.com/news/articles/2009/10/16/20091016agencycuts1017.html
In light of the ongoing budgetary issues facing the State of Arizona, the Governor requested reports from several state agencies, including the Arizona Department of Corrections, containing proposals on how they could trim their budgets 15%. The governor's office made it clear that none of the proposals are currently being considered however the recently released details are causing quite a stir nonetheless.
The Arizona Department of Corrections is the official name for the state agency that runs our prison system. In Arizona, persons convicted of felony offenses such as possession of drugs for sale and aggravated dui may be required to serve a prison sentence as part of their punishment. There are several facilities located throughout the state and most persons don't know where they were serve the sentence for their criminal offense until after they are taken into department of corrections custody.
Arizona currently allows most inmates to earn early release credits which permits them to be released after roughly 85% of their sentence has been served. For years, there have been myths and rumors spread throughout the Phoenix criminal justice system and Maricopa county jail that this number would be reduced to 65%. Unfortunately, this rumor was nothing more than a hoax completely devoid of any truth - at least until now (maybe).
Included among the potential cost savings proposals submitted by the Department includes a increase in the amount of early release credits that an inmate can earn. According to news reports, this proposed modification could mean that prisoners could be sent home after serving as little as 50% of their time. It remains to be seen whether the Governor will adopt any of the proposed changes but most Phoenix Criminal Attorneys will be watching the issue closely.
Two years ago this week Arizona brought in the most
stringent DUI laws throughout United States. In the month of September in the
year 2007, a law was passed that required drivers in Arizona who had been
convicted of DUI to get their cars fitted with equipment called Ignition
Interlock Devices if they wanted to continue driving.
The
enforcement of the DUI laws in Arizona
stirred a great controversy and the laws have caused endless debates. Are the
laws too stringent, is it wrong to enjoy some wine with dinner. If interpreted
literally even .03 concentration of alcohol in blood BAC) could be the basis
for a DUI charge if the person's ability to drive is nevertheless impaired to
the slightest degree.
Irrespective
of the controversy the enforcement of the law has stirred one thing is
absolutely clear - under no circumstance can you drive if you are impaired even
to the slightest degree. In Arizona, a
DUI conviction (even for a first offense) mandates a jail sentence and the
requirement that an ignition interlock device be installed in your car or at
least one year. Not to mention that a
DUI or other criminal conviction can be an obstacle to future educational and
employment opportunities. With so much
at stake, it makes sense to hire a Phoenix or Scottsdale DUI attorney if you
are facing charges.
Everyone
agrees that alcohol and drugs can impair one's ability to drive and make it
unsafe for them to get behind the wheel.
Proponents of the newly enacted DUI laws argue that it reflects the
seriousness of the danger posed to the public when one drives in a drunken
state. They assert that people are adhering to these laws because they realize
that it is easier to abide the law then to face the harsh consequences of a DUI
conviction.
source: http://www.statepress.com/node/7747
http://www.azcentral.com/arizonarepublic/local/articles/2009/09/26/20090926attorney0926.html
The County Attorney's office in Maricopa County charged a
defense attorney of allegedly attempting to smuggle narcotics to prison inmates
who were linked to the Mexican Mafia.
A 42 year old Defense Attorney, David Decosta was accused of
assisting in the use of contraband in prisons and also helping a gang of street
criminals. The drugs in question were Heroin and Methamphetamine.
As per the statements of eyewitnesses and the documents submitted
in court, David Decosta, on September 18, tried to smuggle drugs that were
affixed a note pad that he used to document legal points to one of his clients
whom he was representing called Jesse Alejandro. Another 19 year old woman, Emily Keen who is supposed to be
Jesse Alejandro's girl friend was also accused of the same offence. According
to documents submitted in court David confessed that Emily Keen granted sexual
favors in lieu of his smuggling drugs to the prison inmates.
Jesse Alejandro who is 24 years of age has been convicted of
car theft and is waiting for trial on those charges. He has also been charged in
a conspiracy of a first degree murder. He was also accused of selling drugs
inside the prisons.
Another attorney who was representing Alejandro was also
accused of smuggling drugs to prison inmates. Decosta is the second such Phoenix Criminal defense attorney.
In the murder conspiracy case Alejandro was represented by
Jason Keller a 35 year old Defense Attorney. He was convicted in Sept 2008 when
he was caught in Closed Circuit cameras smuggling a mobile phone and narcotics
to prison inmates who belonged to the Mexican Drug Mafia. Alejandro was also
one of the accused in the case.
Keller acceded to the charges and pleaded guilty of
assisting in the promotion of drugs in the prison. In the sentence that is to
be announced on Oct 30, he would be sentenced to rigorous imprisonment for 3 to
12 ½ years.
Keller also accepted in court that he was an addict of methamphetamine
when he attempted to smuggle them.
http://www.abc15.com/content/news/phoenixmetro/central/story/AZ-U-S-Attorney-Five-men-sentenced-for-meth/Sgf0HSku6EyE0U4axhCxpA.cspx
Recently five men in Phoenix were sentenced to imprisonment
because they pleaded guilty on charges of drug trafficking. Theses charges were
regarding use of methamphetamine in the Western part of Phoenix according to officials who arrested
them.
According
to Sandy Reynor who works for the U.S Attorney's Office an intensive
investigation which carried on for months was conducted by the Drug Enforcement
Administration. This investigation began in the early part of 2008 and these
drug traffickers were being closely watched by the police agents.
Two
men who were involved were originally from Mexico and got their haul of
Methamphetamine from Mexico, the police informers learnt about there
whereabouts by intercepting their phone calls, constant surveillance of their
activities and issuing search warrants in their names.
The
two men had arranged to get a haul of 6 pounds of the drug Methamphetamine to
be delivered in one of their storage houses which was located in Avondale.
These two men were later caught by the Drug Enforcement agents at the storage
house in the month of June of 2008. This event occurred on June 9.
When
the storage house located in Avondale was completely searched the Drug
Enforcement Administration found that different types of weapons too were
stored there. They found several assault riffles and fifteen hundred grams of
Methamphetamine.
Search
operations in another part of US of another storage house which the drug trafficking
men used revealed $127,251 in cash and two weapons. The two men involved have been
sentenced to imprisonment after they pleaded guilty in the case.
Joshua Davidson is a
Phoenix Criminal Defense Attorney
who represents individuals charged with all types of felony and misdemeanor
offenses, including methamphetamine
offenses. Please contact his office
today if you have been arrested or are under investigation.
In a horrific incident involving rape of an eight year old
minor girl by a nine year old minor boy and his friends was being tried in
court. When the boy's teacher testified in court that he had behavioral
problems and always fought with other children he started crying in court. His
attorney had to request a recess in court when the boy started crying. The
boy's teacher reportedly stated that the boy had proved to be a challenge never
completed his homework and got low grades. In this incident along with this boy three
other boys faced trial of gang rape. According to the police the girl who was
eight year was lured by the boys to a shed in West Phoenix
by being promised gum. The group of boys involved in the case belongs to
refugee families from Liberia,
a West African nation.
When the case was reported in the international media,
there was a general outcry from all parts of the world particularly because the
girl's father was ready to disown her as she had brought disgrace to the family.
The matter was later settled by the family pastor who clarified that the
remarks made by the girl's father were misinterpreted due to language barrier.
CPS has been assigned custody of the minor girl. The judge
in the case is Dawn Bergin and after the hearing she was to decide whether the
boy is fit for trial. Two psychiatrists decided that the boy was not. The judge
has scheduled another hearing for the case in November. The boy was being
represented by a phoenix criminal lawyer. Another fourteen year old is being
tried in the case as an adult. A thirteen year old is being treated to face the
trial, and a nine year old is being educated in procedures of the court in an
attempt to rehabilitate him to be fit to stand trial. -http://dailymail.com/ap/ApTopStories/200909290064
Joshua S. Davidson is a Phoenix Sex Crimes attorney
who represents individuals accused of sexual assault and other sex related
offenses. Please call him today if you
or a loved one is in need of representation
http://www.azcentral.com/community/phoenix/articles/2009/10/01/20091001contempt1001.html
The presiding criminal judge of the Maricopa County Superior Court issued an order today holding one if the sheriff's deputy chiefs in contempt of court and fined him over $10,000. The contempt finding arises from a long standing dispute between the court and the sheriff's office who is responsible for transporting in custody inmates to court each day. For well over a year, many inmates have not been transported to court, often causing delays for phoenix criminal defense attorneys, judges, witnesses, victims and others. The sheriff's office claims that they are understaffed and financially unable to assign enough deputies to the prisoner transportation detail. Of course, the sheriff is now claiming that the contempt finding is politically motivated by court officials who disagree with his illegal immigration policies.
Other critics are upset that the courts and the sheriffs office are wasting their time and money litigating these issues in court rather than investigating and processing criminal cases such as drug offenses, DUI, domestic violence and theft.
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