Free Consultation (520) 903-1422


DUI and Marijuana

Posted by James A. Charnesky | Apr 22, 2020 | 0 Comments

Marijuana Metabolites and DUI In Arizona, it had long been assumed that "any" metabolite of an illegal drug in one's body satisfied the requirements of Arizona's Drug DUI statute, A.R.S. § 28-1381(A)(3).  This interpretation of the statute lead to nonsensical results in that a person could legal...

Martial Privilege And DUI

Posted by James A. Charnesky | Mar 26, 2018 | 0 Comments

PHOENIX CITY v. HON. LOWERY/CRAIG Key Legal Issue:  Anti Martial Fact Privilege A.R.S. § 13-4062(1) and its application to DUI. Facts: Defendant charged with three counts of DUI and one count of criminal damage which is alleged to have occurred as result of the defendant driving under t...

License Ramifications of a First Offense DUI

Posted by Dina M. Dieglio | Feb 08, 2018 | 0 Comments

If you are cited for a misdemeanor DUI with no prior DUI convictions and you agreed to do breath or blood testing, you are facing a 90 day license suspension.  The first 30 days of the suspension you can not drive at all.  If you complete a DUI substance abuse screening from a certified provider,...

Lost and Found Evidence

Posted by James A. Charnesky | Nov 18, 2014 | 0 Comments

KVOA came by the other day with a few questions about some lost evidence in a high profile case.  Here is a link to the story.

Marana Police Say They Need A New Facility

Posted by James A. Charnesky | Oct 17, 2014 | 0 Comments

In the course of my practice I regularly go out to the the Marana Municipal Complex where the Marana Municipal Court is located along with the city offices, including the police headquarters.  I am in position to question their need for a new facility, but given that the Marana City Complex is on...

DUI and Drugs - A New Look

Posted by James A. Charnesky | Oct 14, 2014 | 0 Comments

Shilgevorkyan - A New Look At Drug Based DUI Many months ago I published an article on DUI drugs.  The information in that blog entry is now outdated as a  recent court case, State v. Shilgevorkyan, significantly changes how we look at the drug based DUI. Prior to Shilgevorkyan, the presence of...

Tucson Wrongful Convictions...

Posted by James A. Charnesky | Oct 13, 2014 | 0 Comments

County to investigate possible wrongful convictions Proof beyond a reasonable doubt is suppose to assure that only the guilty are convicted.  One has to wonder how it is ...

Police and Video

Posted by James A. Charnesky | Aug 21, 2014 | 0 Comments

From the Arizona Republic / today: "After Ferguson, should cops all wear cameras?" I have always contended that cameras are good for all parties.  They provide transpa...

Can I Get My DUI Conviction Expunged?

Posted by James A. Charnesky | Apr 20, 2014 | 5 Comments

Expungements, Set Asides, Clearances, And Arizona Law Several times a week I am asked, “How can I get my record expunged?”  In regards to “expungement,” most of think of this as the removal or destruction of arrest and conviction records such that if an employer did a background check, the arres...

DUI And Your Right To An Attorney

Posted by James A. Charnesky | Oct 23, 2013 | 0 Comments

DUI And Your Right To An Attorney Recently, we had a case with a right to counsel issue.  Police pulled our client over for alleged lane violations.  Our client, after producing his license, registration, and insurance, invoked his right to remain silent.  The officer nonetheless, persisted in ...

Tucson DUI News - St. Patrick's Day Checkpoint

Posted by James A. Charnesky | Mar 14, 2013 | 0 Comments

Not that it is a surprise, but the Pima County Sheriff's Department will be conducting a sobriety check point this Saint Patrick's Day weekend.  Here is their press release. Press Release St. Patrick's Day Sobriety Checkpoint Sent on 3/14/2013 12:58:26 PM As St. Patrick's Day approaches, th...

DUI and Criminal Damage

Posted by James A. Charnesky | Oct 28, 2012 | 0 Comments

.As a follow up to that post, in this entry, we will address a number of crimes routinely charged along side DUI. All of these, crimes, including DUI, are crimes that people typically never intended to commit, but are charged with nonetheless. DUI - A Strict Liability Crime The crime of DUI requires no intent.

The Legality of Law Officer Conducted Blood Draws

Posted by James A. Charnesky | Oct 02, 2012 | 3 Comments

Most people are shocked to learn that police officers in Tucson Arizona are personally drawing blood from individuals suspected of DUI. Many people first find out about this practice after being arrested for DUI and then being confronted with an officer's request that they submit to a blood draw which the officer himself is going to perform.

Practical Steps to Avoid The DUI

Posted by James A. Charnesky | Sep 28, 2012 | 0 Comments

I often hear from people that they just don't understand how it is that they ended up with a DUI because they "felt fine."  They ask me, "How does this happen?" One of the "issues" with drinking and then driving is that more often not, a person who has been drinking cannot determine whether t...

DUI and Drugs - Some Facts Everybody Should Know

Posted by James A. Charnesky | Sep 18, 2012 | 0 Comments

AZ DUI Laws: DUI and Drugs (Illegal and Legal)I wasn't drunk, but I did smoke some marijuana earlier in the day. I felt absolutely fine, but I hear that it doesn't matter.  Is this true?Yes, you can be stone cold sober and still be convicted of DUI in Arizona.  This is possible because Arizona la...

The Dangers of Phleboto-Cops

Posted by James A. Charnesky | Sep 17, 2012 | 0 Comments

Why We All Should Be Frightened About Police "Phlebotomists" Many DUI arrests now result with the arresting officer selecting a blood test over a breath test.  In the past,, when officers opted for a blood test, they would transport the DUI suspect to a hospital or other similar type medical fac...

Focused On Your Case

We understand that a DUI charge is like a dark cloud looming above you. We work together to make sure that you not only get a great resolution to your case, but that you also know that you are well taken care of every step of the way.