The United States judicial system promotes that every individual who is accused of a criminal act is considered innocent until proven guilty in the eyes of the law. Guilt is only assigned after a person has undergone a fair trial. However, this isn’t always the case in the event of a DUI arrest. In these cases, predisposed perceptions of guilt are cast on the accused by members of society and the courts based on a arresting law enforcement officer’s account and the supposed evidence of failed field sobriety tests. And oftentimes a judgment is made without exploring the possibility of the person’s innocence. In turn, people who have not committed the crime are forced to endure unwarranted legal repercussions.
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”
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.
Defendants May Quash Warrants On February 24th Without Going To Jail
Bullhead City announced on Feb. 8th that the Court will be conducting an “Amnesty Day” for individuals with outstanding bench warrants, traffic tickets and fines. Below is the stated press release: Continue reading “Bullhead Municipal Court Offers Amnesty Day”
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.
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”
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.
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.”
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”
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.