Will SCOTUS Determine Bans On Same-Sex Marriage Unconstitutional?
In the upcoming session the Court will hear, Obergefell v. Hodges, a potential landmark case regarding same-sex marriage. The Court is answering two questions: 1) whether the Constitution requires a state to license a marriage between two people of the same sex and (2) does the Constitution require a state to recognize a marriage between two people of […]
Is There An Expectation Of Privacy In Your Cell Phone
Do individuals have an expectation of privacy in their cell-phone? The Constitution provides that citizens are protected from unreasonable search and seizures by government agents (4th Amendment). This applies to the person, home, papers, vehicles and other effects. Absent certain enumerated exigent circumstances a warrant is needed prior to government agents conduct a search. […]
I Was In An Accident With Someone Who Does Not Have Insurance
Where you in an accident with someone who does not have insurance? While your first thought may be, what now, this was not my fault and this other driver does not have insurance. Well that may not be the case. In Arizona all insurance companies are required to offer their insureds Uninsured and Underinsured […]
I Got A DUI On St. Patrick's Day, Now What?
So it is that day of the year again, St. Patrick’s Day everyone pretends they are Irish and drinks green beer. As with every drinking holiday, someone the next day will say I got a DUI last night, what now? Everyone should understand that Arizona has some of the toughest DUI laws and the punishments […]
Arizona Defines Dwelling Under Arizona's Anti-Deficiency Statute, Does Your Home Qualify For Protection Under Arizona's Anti-Deficiency Statue?
Recently the Arizona Supreme Court narrowed the definition of dwelling under Arizona’s anti-deficiency statute. As the Court acknowledged the meaning of dwelling varied throughout case law interpreting Arizona’s anti-deficiency statute. Previously the Court had defined dwelling to mean to be the purpose or use of building for human abode, that the structure is wholly or partially […]
The Town of Paradise Valley Is Installing License Plate Readers
Yes, that is right, Paradise Valley is installing license plate readers on street lights. These license plate readers will read every plate of every car that goes through the intersection. These readers can record plates at about 1 per second of vehicles traveling up to 100 mph. What is the purpose, to catch red […]
Do I Have To Talk To Police At DUI Checkpoints?
Everyone at some point in their lifetime of driving as likely come upon DUI checkpoints. The question that many may ask is what happens if I refuse to actually speak to the officer? One Florida lawyer has gone as far as to advocating the use of a flyer in the window to bypass interaction with officers. […]
I Was Injured While Skiing/Snowboarding Can I Sue The Ski Resort For My Injuries?
I Was Injured While Skiing/Snowboarding Can I Sue The Ski Resort? For most people outside of Arizona, not many people realize that Arizona has four ski resorts (Arizona Snowbowl, Sunrise Park Resort, Mt. Lemmon & Elk Ridge Ski & Outdoor Area). However, those who live in Arizona are very familiar and enjoy spending winter days […]
I Got A DUI, What Now?
I Got A DUI, What Now? This is a question that many maybe asking themselves this upcoming weekend. With the Super Bowl and Waste Management Open, there will be allot of party goers out there who will make the decision to run the risk and drive impaired. Law enforcement will be out in full force […]
Who Is Responsible For A Dog Bite?
Who is responsible for a dog bite? Under Arizona law, an owner of a dog is strictly liable (absent provocation) for injuries his/her dog causes when the victim is on public property or is lawfully on private property. Arizona law defines an owner as “any person keeping an animal other than livestock for more than […]