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Arizona Supreme Court Creates New Test for Jury Trial

azduicenter • January 22, 2005

In the case of Derendal v. Griffin and Phoenix , the Arizona Supreme Court has created a new test for determining whether misdemeanor defendants have Constitutional rights to jury trials.  Many are concerned that the new standard may impact whether a person charged with DUI will be entitled to a jury trial.

The Arizona Supreme Court stated that courts are no longer to consider the “moral quality” of misdemeanor crimes.  Now courts will focus primarily on the crime’s severity of punishment.  However, at the present time, Arizona law still gives a DUI defendant the right to a jury trial.

Reported Result vs. Complete Result

By Lawrence Koplow • September 9, 2020
The reported results of a BAC test in DUI cases appear to provide the answer we are seeking: how much ethanol is in a person’s blood.  However, let’s look at the fine print. The Reported Results A machine called a gas chromatograph is used to measure an alcohol concentration in blood samples.   The measurement, which […] The post Reported Result vs. Complete Result appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

A Legal Bandwidth Problem

By Lawrence Koplow • September 5, 2020
The appearance of science can become the appearance of truth - even when the junk science is employed. Do we provide enough bandwidth to debunk these unreliable scientific claims? The post A Legal Bandwidth Problem appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Measuring and Counting | Forensic Science

By Lawrence Koplow • August 27, 2020
Measuring is different from counting. However, in forensic science the two are often suggested to be the same. This needs to change. 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. […] The post Measuring and Counting | Forensic Science appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Give a shit?

By Lawrence Koplow • August 23, 2020
What Do You Give a Shit About? You probably haven’t really considered the question. Finding the answer is not as easy as it may seem. Looking inward is uncomfortable. Self-examination requires courage. It may also demand change. Once you see what you really give a shit about – you can’t unsee it. Once you define […] The post Give a shit? appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Validity of Consent To Search | Vermont v. Weisler

By Lawrence Koplow • August 10, 2020
The Vermont Supreme Court holds xx The Constitutional Question xx The Legal Answer(s)  A xx  majority opinion reversed the appellate court decision finding: xx xx XX The Facts Traffic Stop A Vermont state trooper monitoring traffic on an Interstate.  He observed a vehicle traveling northbound without its rear license plate illuminated. The officer stopped the […] The post Validity of Consent To Search | Vermont v. Weisler appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Esketamine DUI: How is it Different than Ketamine?

By Lawrence Koplow • August 5, 2020
Esketamine Drug DUI Cases Will Become An Issue in Arizona It is well established that Depression is a common and serious health problem. According to the World Health Organization the disease affects more than 264 million people. Common Depression Treatments Depression treatments typically include antidepressant medications that fall in a class of drugs known as […] The post Esketamine DUI: How is it Different than Ketamine? appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Home Detention: Approved for Maricopa County in DUI Cases

By Lawrence Koplow • July 27, 2020
Arizona has an incarceration problem. We incarcerate people at a higher rate than most other states and many other countries. Incarcerating such a high rate of people comes with both a social and economic cost. To address these issues, several years ago the Arizona legislature passed a law that authorized a portion of a jail […] The post Home Detention: Approved for Maricopa County in DUI Cases appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

9 Facts About Arizona’s Recreational Marijuana Initiative (2020)

By Lawrence Koplow • July 21, 2020
In the November 2020 election, a restricted use of recreational marijuana will be on Arizona voter’s ballots. The ballot initiative essentially decriminalizes possession and use of small amounts of cannabis. Currently, possession of marijuana is a felony in Arizona. This initiative would end such prosecutions. Arizona’s Marijuana initiative is titled the Smart and Safe Arizona […] The post 9 Facts About Arizona’s Recreational Marijuana Initiative (2020) appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Bostock v. Clayton County Summary

By Lawrence Koplow • June 26, 2020
Justice Gorsuch authored the majority opinion The Legal Question Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex.  Does this mean the statute prohibits discrimination based on an individual’s sexual orientation? The Legal Answer Yes.  Employers who fire employees for being gay or transgender violates Title VII of the […] The post Bostock v. Clayton County
Summary appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.

Strength and Compassion of Batman [Updated 2020]

By Lawrence Koplow • May 2, 2020
Sometimes, what you need, is found in the last place you would ever expect it. When a teenage kid is caught in the middle of trying to steal the tires off the Batmobile you expect something to happen. You expect Batman to dispense his brand of “justice”.   https://youtu.be/7sVDEXfMdXo However, maybe his idea of justice […] The post Strength and Compassion of Batman [Updated 2020] appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.
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