Category: Legal News

After a DUI

DUI Refusal In Arizona

Consequences Of A Refusal In A DUI Case

When a DUI suspect is placed under arrest in Arizona, a police officer will request that the driver submit to a scientific test to determine their alcohol concentration or presence of drugs in their circulatory system. These tests can be accomplished by having the suspect submit to an intoxilyzer test (breath test), or a blood draw (by a qualified phlebotomist).  

Without a doubt, many suspects do not wish to submit to these tests. There may inevitably be incriminating evidence of drug or alcohol consumption prior to driving. A driver may not want to submit to a blood test because they fear needles or have concerns over privacy. A suspect may not be physically able to submit to a breath test because of asthma or some sort other medical reasons. No matter the reason, refusing to submit to these tests can have a detrimental impact on a Driver’s License and the overall DUI case. Continue reading “DUI Refusal In Arizona”

Criminal Convictions And Immigration Status

How Being Convicted of a Crime Could Impact Your Immigration and Legal Status

President Trump issued new executive orders on January 25th, 2017 that impacted immigration and enforcement policy. The orders direct the Department of Homeland Security and I.C.E. (Immigration, Customs, and Enforcement) to increase enforcement of current immigration laws for those with legal or nonlegal status who are labeled as “removable” under the Immigration and Nationality Act.

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Community Outreach Activities and Programs

The Law Offices of Shawn B. Hamp Gives Back To Local Arizona Charities and Foundations

Our firm sponsors many programs and charities in our Mohave County local community. We are pleased to share with you some of the initiatives and programs that we sponsor. We believe in the mission of these local organizations and welcome you to contact them to volunteer and give your financial support.

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Marijuana Odor

Arizona Court of Appeals Affirms Medical Marijuana Defense In DUI Drug Cases

Prosecutors Must Prove Impairment By THC in Medical Marijuana DUI Cases 

The Arizona Court of Appeals in Ishak v. McClennen overturned the DUI conviction of Nadir Ishak for DUI by a medical marijuana patient under A.R.S. 28-1381(A)(3).  The opinion issued by the Court on December 22, 2016, ruled that Mr. Ishak was entitled under the Arizona Medical Marijuana Act to present an affirmative defense that he was authorized to use medical marijuana and could present evidence either by opinion testimony, cross examination of state’s witnesses, or expert testimony that the metabolite of marijuana (THC) in his system was insufficient and did not cause impairment. Continue reading “Arizona Court of Appeals Affirms Medical Marijuana Defense In DUI Drug Cases”

AZ DPS Officer Intervenes To Prevent Sex Trafficking Of 16 Year Old Victim

Patrol Officer Makes Surprise Discovery Of Sex Victim During Traffic Stop Near Kingman, Arizona.

UPDATE: Rasheen Lamonte Adams and Chicha Nakita Harris indicted by Mohave County Grand Jury. Arraignment scheduled for January 30th at 8:30am before Hon. Steven F. Conn Division 3.

Kingman, Arizona — Due to relatively new training called Interdiction for the Protection of Children (IPC), a state trooper received valuable training that assisted him in identifying and rescuing a 16-year-old girl.

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National Advocacy for DUI Defense Recognizes Law Offices of Shawn Hamp for 4th Year In a Row.

Shawn Hamp Identified as One of the Top DUI Attorneys in Arizona by the National Advocacy for DUI Defense (NAFDD)

Shawn Hamp is a member of the National Advocacy for DUI Defense (NAFDD), LLC, an organization that awards the nation’s best private Driving Under the Influence (DUI) attorneys.

NAFDD identifies the top criminal defense attorneys in each state based upon their experience, reputation, and achievements, among other factors. Those who are selected spend a significant portion of their practice representing individuals accused of DUI offenses (sometimes called DWI, DWII, OUI, OVI, OWI or OUII).

DUI law is a highly specialized field. Effective DUI attorneys navigate through many complex legal issues, including the lawfulness of stops, detentions, and arrests; the reliability of field sobriety tests; the accuracy of breath and blood testing methods, including retrograde extrapolations; and driver license ramifications and administrative hearings. The attorneys selected by NAFDD have distinguished themselves by demonstrating particularized knowledge, skill, experience, and expertise in each of these areas, among others. Continue reading “National Advocacy for DUI Defense Recognizes Law Offices of Shawn Hamp for 4th Year In a Row.”

dui task force

Arizona Holiday DUI Task Force Catches Few Drunk Drivers

Only 4% of Drivers Arrested For DUI During 2016 Holiday Task Force

Dennis Welch, political reporter for news channel 3 in Phoenix, recently wrote an article on AZfamily.com that the Arizona Holiday DUI Task Force for 2016 netted few DUI arrest even though 38,000 traffic stops were performed so far during the annual period law enforcement patrols.

The Arizona DUI Holiday task force was launched immediately after Thanksgiving. It is part of the Arizona Governor’s Office of Highway Safety efforts to target drunk drivers every holiday season during the annual celebration period. Continue reading “Arizona Holiday DUI Task Force Catches Few Drunk Drivers”

Medical Marijuana

Driving Under The Influence And Medical Marijuana

What You Need To Know About AZ Medical Marijuana Laws and DUI.

On November 2, 2010, Arizona voters passed the Arizona Medical Marijuana Act (AMMA) decriminalizing possession of marijuana for qualified medical patients so long as they abide by the terms of the Act.  While the AMMA very clearly decriminalizes the possession and use of medical marijuana in Arizona, the possessor/user must obtain an identification card issued by the Arizona Department of Health Services.

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Actual Physical Control

Actual Physical Control In Arizona DUI Cases

Can you be found guilty of DUI when you are not found driving?

Driving Under the Influence in Arizona does not actually require that a person be driving.

Arizona law states that if you are driving or in “actual physical control” of a motor vehicle while impaired to the slightest degree, with a blood alcohol concentration of .08% or more within two hours (.04% if in a commercial motor vehicle) or with a illicit drug or its metabolite in your body, you can be found guilty of DUI.  

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