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Dennys Rodriguez v. United States: New Protection for Car Drivers from Unconstitutional Search and Seizure

May 12, 2015 | Uncategorized | 0 comments

The United States Supreme Court’s decision in Dennys Rodriguez v. United States, 575 U.S. ____ (2015), issued April 21, 2015, gives defendants and defense attorneys a powerful new tool to suppress evidence discovered after a routine traffic stop should have … Continued


Do I Need to Probate My Deceased Parent’s Estate?

April 7, 2015 | Uncategorized | 0 comments

Question: Do I need to probate my deceased mother’s (or father’s) estate? Answer: If the estate is a “small estate” under Arizona law, you do not need to probate the estate, petition for appointment as the personal representative of the … Continued


Arizona DUI Stop and License Revocation

November 1, 2014 | Uncategorized | 0 comments

Considerations in Giving or Refusing to Give Consent to a Breath or Blood Test During a DUI Stop: Admin Per Se Arizona’s Admin Per Se law, A.R.S. § 28-1321, provides that a person operating a motor vehicle in the state … Continued


The Employee’s Handbook: Implied-in-Fact Employment Contracts

October 17, 2014 | Uncategorized | 0 comments

The Arizona Employee Protection Act more accurately protects employers. It requires that all employment contracts which restrict the right of a party to terminate an employment relationship be in writing and signed by the party to be charged, meaning that … Continued


The Homeowner Advocate’s Tool Box: Forcible Detainer Actions and New Age Real Estate Group AZ

October 10, 2014 | Uncategorized | 0 comments

Forcible detainer actions involving trustee’s sale claims must be brought in Superior Court, held the Maricopa County Superior Court on January 6, 2014 in New Age Real Estate Group AZ v. Oscar Quintana Perez.  Like many purchasers at trustee sales, New … Continued


Show me the Note: New Defense for Arizona Homeowners

October 3, 2014 | Uncategorized | 0 comments

Show-me-the-note is now a recognized defense for Arizona homeowners facing foreclosure, decided the Arizona Court of Appeals on January 30, 2014 in Steinberger v. McVey. The show-me-the-note mortgage foreclosure defense alleges that, despite the borrower being in default on the loan, … Continued


AZ Supreme Court: Non-Impairing Marijuana Metabolites Cannot be Basis for DUI Conviction

April 30, 2014 | Uncategorized | 0 comments

A divided Arizona Supreme Court significantly limited the scope of Arizona Driving Under the Influence laws in a decision published last week. Under the pertinent section of the DUI statute, driving is prohibited “While there is any drug…or its metabolite … Continued


AZ Court Concludes GPS Planted on Borrowed Car Violates 4th Amendment of Driver

April 23, 2014 | Uncategorized | 0 comments

Division One of the Arizona Court of Appeals issued a ruling restricting police official use of GPS devices for monitoring purposes.  The Defendant was the target of a drug investigation based on information gained from informants.  When police heard that … Continued


Sexual Harassment in the Workplace: It Doesn’t Have to be Sexual

April 15, 2014 | Uncategorized | 0 comments

When most people think of sexual harassment in the workplace, their thoughts tend to focus on inappropriate touching or comments made by superiors to subordinates that are sexual in nature.  Such gestures or comments may give rise to sexual harassment … Continued


Hit by a Beer Truck? The Heightened Complexities of Commercial Accidents

April 8, 2014 | Uncategorized | 0 comments

Most people have been involved in an auto accident at some point in their driving lives.  Often, in a simple fender-bender, the drivers simply exchange phone numbers and insurance information.  While that may be sufficient in certain cases, it is … Continued


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