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Questions Answered by Brian C. Soto
1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm required to go to the police station that I was taken to on the 8th to get fingerprinted n mugshot. Should I go?

Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... Read more »

Brian C. Soto
Brian C. Soto answered on Jan 12, 2021

Yes you should go. That is a court order.

It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.

Lastly, your cooperation is in no way an admission of guilt.

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »

Brian C. Soto
Brian C. Soto answered on Jan 11, 2021

The State will be required to prove beyond a reasonable doubt before a jury of your peers the following elements of A.R.S. § 28-1381(A)(3) you must have been driving or in actual physical control of a vehicle; while there is was a drug defined in section 13-3401 or its metabolite in the your body.... Read more »

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1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
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