49 CFR 392.80 – No Texting While Driving a CMV

texting while driving

This particular law is federal in origin, and most states have adopted the language of this law and incorporated it into their administrative code. The federal statute reads: (a)Prohibition. No driver shall engage in texting while driving. (b)Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving. (c)Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily … Read More

Criminal Defense Procedure: Change of Plea Hearing

change of plea hearing

A change of plea hearing is a hearing held by the court wherein the defendant changes his or her plea. Typically, a defendant will plead “not guilty” at the beginning of a criminal case at the arraignment. If the defendant reaches an agreement with the prosecution (the State), it will usually involve the defendant pleading guilty to some criminal charge, … Read More

Incompetency and Mental Health in a Criminal Case

incompetence criminal

Rule 11 is the rule in the Arizona Rules of Criminal Procedure that address how to proceed when it is believed the defendant is not competent to assist in their own defense or stand trial. Rule 11.1 provides: A person shall not be tried, convicted, sentenced or punished for a public offense, except for proceedings pursuant to A.R.S. § 36-3707(D), … Read More

FTA: Failure to Appear

failure to appear

When you receive a criminal traffic ticket, what usually happens is called a cite and release. This means that you are cited with a violation, and then released. You have technically been arrested, and then you are released with the condition that you later appear in court. An officer could arrest you and take you into custody, but this rarely … Read More