The opinions contained within this database are not published opinions capable of being cited as authority, and no opinion is intended to serve as a definitive rule for any of the issues presented and analyzed.
Additional (Independent) Blood Test
Arizona Revised Statutes
- § 1–244: Retroactivity of statutes
- § 1–246: Penalty altered by subsequent law; effect
- § 12–109: Promulgation of rules of pleading, practice and procedure; distribution
- § 12–1841(A): Parties; notice of claim of unconstitutionality
- § 13–105(42): Voluntary act
- § 13–202(B)
- § 13–205: Affirmative defenses; justification; burden of proof
- § 13–503: Effect of alcohol or drug use
- § 13–604(B)(2): Class 6 felony; designation
- § 13–1203: Assault
- § 13–1504: Criminal trespass in the first degree
- § 13–201
- § 13–2411: Impersonating a peace officer
- § 13–2904: Disorderly conduct
- § 13–2907.01(A): False reporting to law enforcement agencies
- § 13–2908: Criminal nuisance
- § 13–3208: Keeping or residing in house of prostitution; employment in prostitution
- § 13–3211: Prostitution; definitions
- § 13–3214: Prostitution
- § 13–3415(A): Possession of drug paraphernalia
- § 13–3883: Arrest by officer without warrant
- § 13–4033: Appeal by defendant
- § 22–302: Venue when justice unable to act
- § 22–402: Establishment and jurisdiction
- § 28–601: Traffic and vehicle regulation; definitions
- § 28–621: Applicability to vehicles on highways; exceptions
- § 28–622: Failure to comply with police officer; classification
- § 28–645(A)(3)(a): Traffic control signal legend; Red indication
- § 28–662(A)(2): Leaving the scene of a collision involving damage to a vehicle only
- § 28–672: Causing serious physical injury or death by moving violation
- § 28–701(A): Speed not reasonable and prudent
- § 28–701.02: Excessive speeds
- § 28–704: Minimum speed limits; requirement to turn off roadway
- § 28–729(1): Failure to drive in one lane
- § 28–730: Following too closely
- § 28–751(1): Improper right turn
- § 28–751(2): Improper left turn
- § 28–751(4): Two–way left turn lanes
- § 28–754: Turning movements and required signals
- § 28–772: Failure to yield while turning left
- § 28–774: Highway access from private road or driveway
- § 28–792: Right–of–way at crosswalk
- § 28–815(D): Driving in a bicycle path
- § 28–855: Stop signs; yield signs
- § 28–856: Emerging from alley, driveway or building
- § 28–891(A): Unsafe backing
- § 28–909(A)(1): Failure to wear lap and shoulder belt
- § 28–922: Driving without lights at night
- § 28–924(A): Not having two head lamps
- § 28–925: Tail lamps
- § 28–925(C): License plate lamp
- § 28–947: Special restrictions on lamps
- § 28–1321: Blood, breath, urine or other bodily substance tests
- § 28–1381(A)(3): Driving with drugs or metabolite in a person’s body
- § 28–1382: Driving under the extreme influence
- § 28–1387: Prior convictions
- § 28–1388: Blood and breath tests
- § 28–1594: Authority to detain persons
- § 28–3473(A): Driving on a suspended license
- § 28–4135: No proof of insurance
- § 41–2063: Physical standards
Arizona Rules of Criminal Procedure
- Rule 5.1(a): Right to Preliminary Hearing
- Rule 6.1(a): Right to be represented by counsel
- Rule 8: Speedy trial
- Rule 9.1: Defendant’s waiver of right to be present
- Rule 10.2: Change of judge upon request
- Rule 10.3: Change of the place of trial
- Rule 10.4: Waiver and renewal
- Rule 13.1: Indictment and information: definitions; timeliness
- Rule 13.5(e): Defects in charging document
- Rule 15.1: Disclosure by state of discovery evidence
- Rule 15.2(b): Disclosure by defendant: Notice of defenses
- Rule 15.2(c): Disclosure by defendant:
- Rule 15.4(a)(2): General standards: Handwritten notes: Superseded notes
- Rule 15.7(a): Sanctions; failure to make disclosure
- Rule 15.7(b): Sanctions; motion for sactions
- Rule 16.1(b): Making of motions before trial
- Rule 16.1(d): Finality of pretrial determinations
- Rule 16.6: Dismissal of prosecution
- Rule 17: Pleas of guilty and no contest
- Rule 17.1(e): Pleading by defendant; waiver of appeal
- Rule 17.6: Admission of a prior conviction
- Rule 18: Submission on the record; waiver of trial by jury
- Rule 20: Judgment of Acquittal
- Rule 24.1 Motion for new trial
- Rule 24.2 Motion to vacate judgment
- Rule 24.3: Modification of sentence
- Rule 26.10: Pronouncement of judgment and sentence
- Rule 26.11: Duty of the court after pronouncing senence
- Rule 27.8: Revocation of probation
- Rule 32.1: Other post–conviction relief; scope of remedy
- Rule 32.2: Other post–conviction relief; preclusion of remedy
- Rule 32.3: Other post–conviction relief; nature of proceeding and relation to other remedies
- Rule 32.4(a): Other post–conviction relief; commencement of proceedings; form, filing and service of petition
- Rule 32.9: Other post–conviction relief; review
Arizona Rules of Evidence
- Corpus Delicti
- Cumulative evidence
- Rule 103: Rulings on evidence
- Rule 401: Definition of relevant evidence
- Rule 402: Relevant evidence generally admissible; Irrelevant evidence inadmissible
- Rule 404(b): Character evidence not admissible to prove conduct; exceptions; other crimes
- Rule 405(a)
- Rule 602: Lack of personal knowledge
- Rule 608(b): Evidence of character and conduct of witness
- Rule 611(c): Mode and order of interrogation and presentation. Leading questions
- Rule 702: Testimony by experts
- Rule 703: Bases of opinion testimony by experts
- Rule 801(a): Statement
- Rule 801(c): Hearsay
- Rule 801(d) Statements that are not Hearsay
- Rule 803(1): Hearsay exceptions: present sense impression
- Rule 805: Hearsay within hearsay
- Rule 901: Requirement of authentication or identification
Arizona Rules of Procedure in Civil Traffic and Civil Boating Violation Cases
Arrest by officer without warrant
Article 2, Section 10: Double Jeopardy
Assault
Blood, breath, urine or other bodily substance tests
Chain of custody
Challenging the constitutionality of a statute
Community Caretaker Function
Control of the vehicle
Equal Protection
Ineffective Assistance of Counsel
Is Business Owner Personally Liable for Alleged Criminal Violations by Business?
Jurisdiction
Jury Trial for Misdemeanor: Common Law Offense versus Statutory Offense
Probable cause to arrest
Prosecutor vouching for a witness
Reasonable Suspicion To Stop
- § 13–2411: Impersonating a peace officer
- § 13–3883: Arrest by officer without warrant
- § 28–1382: Driving under the extreme influence
- § 28–1594: Authority to detain persons
- § 28–601: Traffic and vehicle regulation; definitions
- § 28–621: Applicability to vehicles on highways; exceptions
- § 28–622: Failure to comply with police officer; classification
- § 28–645(A)(3)(a): Traffic control signal legend; Red indication
- § 28–701(A): Speed not reasonable and prudent
- § 28–701.02: Excessive speeds
- § 28–704: Minimum speed limits; requirement to turn off roadway
- § 28–729(1): Failure to drive in one lane
- § 28–730: Following too closely
- § 28–751(1): Improper right turn
- § 28–751(2): Improper left turn
- § 28–751(4): Two–way left turn lanes
- § 28–754: Turning movements and required signals
- § 28–772: Failure to yield while turning left
- § 28–774: Highway access from private road or driveway
- § 28–792: Right–of–way at crosswalk
- § 28–815(D): Driving in a bicycle path
- § 28–855: Stop signs; yield signs
- § 28–856: Emerging from alley, driveway or building
- § 28–891(A): Unsafe backing
- § 28–922: Driving without lights at night
- § 28–924(A): Not having two head lamps
- § 28–925(C): License plate lamp
- § 28–925: Tail lamps
- § 28–947: Special restrictions on lamps
- Defendant’s incriminating statement
- Facts observed after Officer turns on overhead lights
- Inventory search without a warrant
- LIDAR unit
- Officer turns on overhead lights after vehicle is already stopped
- Officer’s training and experience
- Striking the curb
- VASCAR unit
Request for a jury trial
Right to a Speedy Trial
Right to Appeal
Right to Confrontation
Right to Counsel
Right to Remain Silent
Seizure
Sufficiency of the Evidence
- § 13–105(42): Voluntary act
- § 13–1203: Assault
- § 13–1504: Criminal trespass in the first degree
- § 13–2411: Impersonating a peace officer
- § 13–2904: Disorderly conduct
- § 13–2907.01(A): False reporting to law enforcement agencies
- § 13–2908: Criminal nuisance
- § 13–3208: Keeping or residing in house of prostitution; employment in prostitution
- § 13–3211: Prostitution; definitions
- § 13–3214: Prostitution
- § 13–3415(A): Possession of drug paraphernalia
- § 13–3883: Arrest by officer without warrant
- § 13–503: Effect of alcohol or drug use
- § 28–1381(A)(3): Driving with drugs or metabolite in a person’s body
- § 28–1381: Driving under the influence
- § 28–1382: Driving under the extreme influence
- § 28–1387: Prior convictions
- § 28–1388: Blood and breath tests
- § 28–1594: Authority to detain persons
- § 28–3473(A): Driving on a suspended license
- § 28–4135: No proof of insurance
- § 28–621: Applicability to vehicles on highways; exceptions
- § 28–622: Failure to comply with police officer; classification
- § 28–645(A)(3)(a): Traffic control signal legend; Red indication
- § 28–662(A)(2): Leaving the scene of a collision involving damage to a vehicle only
- § 28–672: Causing serious physical injury or death by moving violation
- § 28–701(A): Speed not reasonable and prudent
- § 28–701.02: Excessive speeds
- § 28–729(1): Failure to drive in one lane
- § 28–751(1): Improper right turn
- § 28–751(2): Improper left turn
- § 28–751(4): Two–way left turn lanes
- § 28–754: Turning movements and required signals
- § 28–774: Highway access from private road or driveway
- § 28–792: Right–of–way at crosswalk
- § 28–815(D): Driving in a bicycle path
- § 28–855: Stop signs; yield signs
- § 28–856: Emerging from alley, driveway or building
- § 28–909(A)(1): Failure to wear lap and shoulder belt
- § 28–947: Special restrictions on lamps
- Defendant’s incriminating statement
Warrantless search for regulatory purposes