Two DUI Appeals Successfully Defended by The Glazer Law Office, PLLC
The Glazer Law Office recently prevailed in two more Appeals which were filed by the State in DUI cases, resulting in dismissals of all charges.
In the first case, the client had submitted to a breath test which resulted in .149, nearly twice the .08 limit. Upon reviewing the evidence, The Glazer Law Office identified an issue with the procedure undertaken by the officer prior to the breath test; specifically, the officer failed to conduct a proper “deprivation period” because he did not check the client’s mouth for foreign objects until merely minutes before the test. The Glazer Law Office moved to suppress the breath test results, and the trial court judge agreed. The State was forced to dismiss the case but subsequently appealed the trial court judge’s decision. On appeal, The Glazer Law Office argued that the State did not file in a timely manner in accordance with the law. The appellate judge agreed, and the Appeal was dismissed.
In the second case, the client had submitted to a breath test which resulted in .178, over twice the .08 limit. A pretrial interview with the investigating officer conducted by The Glazer Law Office revealed that the officer conducted a roadside DUI investigation without observing a single physiological sign of impairment (such as the odor of alcohol, bloodshot eyes, or slurred speech). The Glazer Law Office moved to suppress the results of the field sobriety and breath test results, arguing that the officer lacked reasonable suspicion. The trial court judge agreed. The State was forced to dismiss the case but appealed the suppression decision. On appeal, The Glazer Law Office fought for the client, and the State’s Appeal was dismissed.
Convicted con man Peter Horsford, who was accused of impersonating a lawyer, had trouble getting a trial date in New York in 1988. The problem was that four of the judges considered for his trial were disqualified from hearing the case – because he had argued cases in their courtrooms.
Criminal Defense Attorney Stephen R. Glazer was recently recognized for his contribution to an Amicus Brief submitted by the National Association of Criminal Defense Lawyers (NACDL) in a case involving the improper suppression of exculpatory evidence.
In Arizona, theft crimes can be misdemeanors or felonies often depending on the value of what was stolen. While theft can occur in many different ways, armed robbery and robbery are more straightforward charges that occur when force is brought into a situation that would usually constitute theft. Armed robbery and robbery are both felonies. Armed robbery is a class 2 and robbery is a class 4. Theft occurs when a person controls, converts, or otherwise takes “property or services of another” without legal authority. If you are loaned a car temporarily, and you keep it longer than you are allowed, that is a form of theft. Using material misrepresentation, as in concealing or lying about important information with the intention of getting someone to give you his or her property is theft. Theft can also occur when you happen to obtain possession of property, whether it is lost, stolen, or just given to you by mistake. If you get a package delivered to your door, and instead of trying to find the correct person or address it was meant for, you open it and keep the content: that is theft. If you know your friend stole the TV he gave you for Christmas and you still keep it: that is theft. Another form of theft is hiring someone to do a job for you, such as wash your car, and then you drive off without paying for the services. Taking anything from a vulnerable adult (such as an elderly person) while in a position of trust also constitutes theft.
Did you know that you can be charged with DUI Drugs if you were driving days, or even weeks after smoking marijuana…even if you have a medical marijuana card? Unfortunately, we see it all too often. Here’s the usual scenario: Person gets pulled over…Cop suspects the person is impaired…Person knows they haven’t been drinking…Person submits to a breath test…Person passes the breath test…Cop still thinks person is impaired and/or person tries to be compliant and admits to smoking marijuana days ago…Cop arrests person…Cop gets warrant and takes blood…Blood test comes back positive for the metabolite of THC….Person is charged with DUI Drugs (which has virtually the same penalties as someone that was actually driving under the influence of alcohol). Even those that have a medical marijuana card can be charged. If you have questions as to how to prevent this scenario from happening to you, feel free to contact us. If you are interested in medical marijuana cards, more information is provided in our blog “Medical Marijuana and me.”
When suspected for DUI, many clients want to know whether to take a breath test. While every jurisdiction has different laws and culture surrounding breath tests, there are some specific suggestions we can offer it you are arrested for a DUI in Flagstaff, Arizona.