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Articles Posted in Drug Laws

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If you are facing criminal charges in Phoenix, a Board Certified Criminal Defense Attorney with this Firm offers a free, no obligation evaluation of your case. Mr. Buckallew has focused his practice primarily on criminal and DUI defense, representing countless individuals in Phoenix and throughout the State of Arizona for over the course of his career. The Firm has defended a wide range of criminal cases, from Disorderly Conduct and Domestic Violence cases to DUI cases all the way up to First Degree Murder cases. Mr. Buckallew has handled countless cases in the Phoenix courts – both the Phoenix Municipal Court (misdemeanor criminal/misdemeanor DUI) and the Maricopa County Superior Court (felony criminal/felony DUI). The Firm also represents individuals in the Maricopa County Justice Courts located in Phoenix, including the Arcadia Biltmore Justice Court, Desert Ridge Justice Court, Downtown Justice Court, Encanto Justice Court, Dreamy Draw Justice Court, Maryvale Justice Court, McDowell Mountain Justice Court, Moon Valley Justice Court, South Mountain Justice Court, and the West McDowell Justice Court (misdemeanor criminal/misdemeanor DUI). In addition to criminal and DUI cases, Mr. Buckallew also represents plaintiffs or defendants in Injunction Against Harassment/Order of Protection proceedings as well as Interfering with Judicial Proceedings cases.

If you are charged with a DUI in Phoenix, it is critical to seek competent legal counsel as these cases can result in significant fees/fines, potential for incarceration, increased insurance premiums, college/career repercussions, possible suspended or revoked driver's license, possible probation, and the possibility of ignition interlock requirements and alcohol classes. DUI litigation requires knowledge in both criminal defense as well as a thorough understanding of the scientific evidence (blood, breath, etc.) and Mr. Buckallew has significant experience in both of these areas. With his Law Degree and continuing legal education along with his Master's Degree in Forensic Science, Mr. Buckallew understands both the science behind the evidence as well as the potential legal defenses inherent in DUI cases. He has handled all types of DUI cases including (but not limited to), 1st Time DUI, DUI Involving an Accident, Underage DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI with Multiple Priors, DUI Involving Homicide (or Injury), and DUI – Drugs. He has achieved successful outcomes for countless clients over the years, including full case dismissals, not guilty jury trial verdicts, favorable plea agreements, and aggressively defends each and every case he handles.

Mr. Buckallew has also handled a wide range of criminal cases – both misdemeanor and felony, including (but not limited to), Assault, Domestic Violence, Drug Possession, Drug Sales, Drug Crimes, Juvenile Crimes, Shoplifting, Misconduct Involving Weapons, Theft Crimes, White Collar Crimes, Minor in Possession, Minor in Consumption, Burglary, Reckless Driving, Disorderly Conduct, Violation of Restraining Orders, Prostitution, Sex Crimes, Homicide and Murder. He has a track record for zealously defending each and every client and has achieved successful outcomes in countless cases over the course of his career.

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Queen Creek is a small town situated in southeast Maricopa County, with the southern part of town overlapping into Pinal County. The town is a unique mix of housing sub-divisions, homes on acreage, farmers and ranchers, and despite its growth, Queen Creek still has that rural feel about it. The San Tan Mountains lie to the south of Queen Creek and offer plenty of recreational activities including hiking, biking, camping and the like. Queen Creek is also home to the only working olive farm and mill in the State of Arizona – Queen Creek Olive Mill, where visitors can tour the olive mill, stroll through the olive groves, enjoy casual dining, and purchase a variety of olive oils and other unique gifts. Schnepf Farms is another longtime local fixture in the town of Queen Creek, where visitors can dine at the bakery, enjoy a hayride, tour the farm, go veggie picking, visit the museum, and much more. Given its small town feel, abundance of recreational activities, and easy commute to Phoenix and other valley cities, Queen Creek has become one of the "best kept secrets" in Arizona.

The Town of Queen Creek contracts with the Maricopa County Sheriff's Office (MCSO) to provide law enforcement services to the town as well as the unincorporated areas surrounding the town. If you are cited with a DUI in the Town of Queen Creek or surrounding unincorporated county islands, your case will likely be handled in the San Tan Justice Court, if you are being charged with a misdemeanor DUI. Felony DUI charges are generally filed in the Maricopa County Superior Court. The southern portion of Queen Creek, which overlaps into Pinal County, is patrolled by Pinal County Sheriff's Office (PCSO). If you were cited for DUI by PCSO, your case will likely be under the jurisdiction of one of the Pinal County Justice Courts, if it is a misdemeanor DUI, or Pinal County Superior Court if it is a felony Aggravated DUI charge.

The Firm has represented countless individuals who have been charged with DUI in Queen Creek, either by MCSO or PCSO, ranging from simple misdemeanor 1st Time DUI charges to very serious felony Aggravated DUI cases. Mr. Buckallew is committed to the defense of individuals charged with a DUI, or any other criminal charge, and focuses his scope of representation on matters involving DUI and criminal litigation, including (but not limited to) allegations of 1st Time DUI, Extreme DUI, Drug-Related DUI, Aggravated DUI, Underage DUI, Minor in Possession, Minor in Consumption and DUI's involving serious injury or death. He has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew has recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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The Apache Junction Justice Court is in Pinal County and located at 575 North Idaho Road, in Apache Junction, AZ. This court covers the San Tan Valley, Gold Canyon and Apache Junction. According to the court's website, the Apache Junction Justice Court ranks at number 17 out of 80 Justice Courts in Arizona for total case filings in 2011. There were just over 2,000 misdemeanor case filings, which included 410 DUI case filings, 76 serious traffic case filings and a variety of other non-DUI criminal filings. There were also close to 700 Orders of Protection and Injunctions against Harassment filed last year.

If you have been issued a misdemeanor DUI or criminal traffic citation or received a summons by mail for a misdemeanor incident occurring in the San Tan Valley, Gold Canyon, or Apache Junction, you will most likely be required to appear in Apache Junction Justice Court.

The Firm represents individuals charged with any criminal violation in the Apache Junction Justice Court, including (but not limited to), 1st Time DUI, Extreme DUI, Disorderly Conduct, Domestic Violence, Assault, Drug Crimes, Juvenile Crimes, Theft, Shoplifting, Contributing to the Delinquency of a Minor, Furnishing Alcohol to a Minor, Probation Violation, Interfering with Judicial Proceedings, and any other criminal charge.

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If you have been arrested by the Chandler Police Department and cited into the Chandler Municipal Court, contact a Chandler DUI Lawyer for a free evaluation of your case. The Firm handles ANY criminal or DUI charge in the Chandler Municipal Court and throughout the State of Arizona, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Under 21 DUI, DUI-Drugs, and any other alcohol or drug related violations. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a DUI and criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Chandler Municipal Court is located at 200 East Chicago Street, in downtown Chandler, just east of Chandler City Hall. The Court handles civil traffic and criminal misdemeanor violations, including DUI/DWI charges, city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants.

How do I choose a good DUI Lawyer?

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Are 'Bath Salts' Illegal in Arizona?

According to a recent article by Arizona State University's State Press, Arizona Senate and House Bills were recently signed into law by Governor Brewer, making the "creation, sale and use" of chemicals used in making Bath Salts illegal in the State of Arizona. These designer drugs have become increasingly sought-after given the widespread availability and access to these drugs, the ease in which they can be made, and the belief that the affects mimic those of methamphetamines, ecstasy and cocaine. One of the growing concerns is that it is easy to circumvent existing laws against these types of drugs – Bath Salts (other common names include Blue Silk, Cloud 9, Drone, Stardust, Vanilla Sky, and White Lightning), Spices, and other similar drugs, by substituting one or more of the 'banned' ingredients. Some of the reported effects after ingesting these kinds of drugs have included nausea, paranioa, elevated heart rate, irritability, aggressive and violent behavior, hallucinations, seizures, and perspiration which can lead to individuals removing their clothing and subsequently being found naked after using Bath Salts. Local news reports also cite an addiction specialist at a drug and alcohol rehab center in Scottsdale who has indicated that addiction to bath salts has increased over 200 percent in the past 6 months. U.S. Poison Control Centers have also reported a massive increase in the number of Bath Salts related calls received, with zero reports in 2009, 302 reports in 2010 and 4,000 reports in 2011, according to a news release by the City of Tucson Police Department.

According to the Phoenix New Times, the Tempe Police Department has reported multiple allegations recently of individuals affected by Bath Salts. In one instance, a 23-year old was allegedly found slamming himself against walls and then running nude through a Tempe neighborhood after admitting to ingesting Bath Salts. In another incident, a 21-year old crashed his truck in a parking garage of an apartment complex near Arizona State University. According to witnesses, the individual was fully naked when he got out of his vehicle, and later admitted to police that he had taken Bath Salts. According to court documents, this individual – an ASU student, now has a DUI charge pending against him. In the third instance, an 18-year old was found in the bathroom at a local coffee shop in Tempe, allegedly barricading himself in the bathroom and when entry was gained by Tempe Police, he was said to be completely naked, acting delusional and claimed he was being eaten alive by bugs. Police say he is facing a criminal damage charge as the bathroom was allegedly "trashed" with broken mirrors and covered with "quite a bit of blood". There was also a recent case where Tempe Police pulled a naked man out of Tempe Town Lake and another report of a carjacking in Scottsdale by a naked man – both allegedly under the effects of Bath Salts.

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According to local news reports (azcentral.com), last week, Mesa police spotted a 22-year-old man driving 30 miles per hour over the speed limit. When officers attempted to pull him over, the driver allegedly ignored them and continued speeding. Eventually, he turned into a parking lot and began weaving in and out of parked cars. After allegedly losing control of his vehicle, the man skidded to a stop where police were able to apprehend him.

Police report multiple cans of unopened Bud Light beer in the car, and a DUI test showed the man's blood alcohol content (BAC) at 0.169%. Peace officers arrested the man after he allegedly admitted to drinking 22 beers before operating the vehicle. He was detained under suspicion of extreme DUI, excessive speeding, and unlawful flight.

This not the first DUI case reported in Mesa since the beginning of the month. In fact, a startling number of DUI arrests have been made, many of them related to methamphetamine or other drug use. On Sunday, a 39-year-old Mesa man was caught driving under the influence of Meth. Police also found 55 grams of the drug in the back seat of his car.

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A Mesa resident is facing DUI and drug possession allegations after police attempted to pull him over on Sunday. The 39-year-old motorist was driving 12 miles per hour over the speed limit when police spotted his car at about 10:45 p.m., according to police. After police spotted the car, the man began weaving in and out of traffic and driving in between lanes. Shortly thereafter, the man exited the highway and entered a residential area.

According to local news reports (azcentral.com), when police attempted to pull him over, the man allegedly jumped out of his car and left it running on the side of the road. Peace officers pushed him to the ground, where he allegedly resisted arrest. After police apprehended the suspect by tasing and handcuffing him, police discovered nearly 55 grams of methamphetamine in the backseat of his car. Police also found $1,970 in the car, as well as a series of text messages related to drug sales.

A K9 search unit found two bags of a white, powdered material in the back seat of the car – one bag holding 29.6 grams of meth and the other holding 26.9 grams of the drug. After police officers tested the powder and discovered that it was methamphetamine, the driver was arrested. He faces allegations of possessing dangerous drugs with the intent to sell, aggravated assault on a police officer, reckless driving, and DUI.

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Penalties – 1st Time Misdemeanor DUI in AZ

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges of approximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI). The penalties become more harsh if a person has prior DUI's, higher BAC levels, was involved in a car accident at time of DUI, had minor children in the car at time of DUI, or were driving on a suspended driver's license at time of DUI.

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

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Cinco de Mayo DUI Arrests

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort during the holiday weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug related DUI charges in the East Valley, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (480) 988-7993 to arrange a free consultation regarding your case.

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New South Court Tower in Phoenix

The long awaited Maricopa County Superior Court South Court Tower is now open, having held its grand opening on the day of Arizona's centennial celebration – February 14, 2012. The new court tower is located at 175 West Madison Street in Downtown Phoenix, just south of the main courthouse on Jefferson, with a skywalk connecting the two courthouses. The downtown Superior Court has been bursting at the seams for several years, as many criminal court Judges have been relocated from the Maricopa County South East Facility to the downtown facility in the past couple of years, as well as the simple fact that criminal cases have increased significantly in Maricopa County in the past decade.

The new 16-story South Court Tower currently has 22 courtrooms, houses the jury assembly area on the 1st floor and Clerk of the Court Criminal Exhibits on the 4th floor, along with Grand Jury Services. The offices of the County Attorney, Public Defender and Probation Department are located on the 2nd and 3rd Floors along with criminal courtrooms, including the Regional Court Center (RCC) and Early Disposition Court (EDC).

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