Attorneys Have to Carefully Choose When to Argue Certain Defenses

As an attorney, you really need to be careful in making certain arguments. The wrong facts in a case can destroy an argument for years to come. You do not want to go to a court or field with the wrong facts because it can harm its future use by attorneys who have the right facts.

You need to be careful on when you argue it, and how you argue it. There are a lot of cases where you are just waiting for the right facts to make the right arguments and hopefully, from that make good case laws.

How Do the Police React to a Recommendation for Marijuana?

Interviewer: When you see clients being pulled over and they have medical marijuana recommendation, and the police see that, what usually occurs next? Do the officers definitely try to arrest them for DUI or do they heed the medical recommendation?

Brian: They make take notes that they believe this person is under the influence of marijuana. They will take notes that someone has a medical marijuana card. I have only seen one client that has a active valid medical marijuana card that was arrested for DUI and that was because there was also alcohol involved  and because they were going on a theory of impairment.

That client was not charged with having any drug or metabolite in her system even though she did have marijuana in our system. The problem is that it’s similar to alcohol. Alcohol is legal. You are supposedly allowed to consume it and then drive a vehicle.

It Is Difficult to Distinguish When a Legally Approved Substance Causes Impairment

It’s only that at some point, alcohol impairs your ability to drive even to the slightest degree. Even though it’s legal, even though you can use it, there’s a fine line between using it and driving, and not being impaired and using it and driving and being impaired.

When Judging Alcohol Impairment, There Are Established Levels for When You Are Not Impaired and When You Are Impaired

At least with alcohol, we have legal presumptions. If you are between a 0.00 and 0.39, you are presumed to not be impaired. If you are at a level of 0.4 and a 0.079, there’s no presumption as to whether you’re impaired or not.

If you are at a 0.08 or above, you are legally, statutorily presumed to be impaired.

By Brian Douglas Sloan

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Brian Douglas Sloan


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18+ Years SOLELY Focused on DUI Defense


4,100+ DUIs Successfully Defended

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: “I’m not the one for you”.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are “aggressive”, or “will fight for you”, are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being “aggressive” rarely gets the client anywhere in these court systems. Being “aggressive” isn’t the same as being good.

The same is true for the lawyers that claim to do DUI Defense… and Criminal Cases…, and Accident cases…, and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI defense, at an exceptional price.

I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.

Brian Douglas Sloan

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