This year’s DUI seminar will take us back to the basics of DUI investigations. We will also dive into what changes have affected DUI enforcement. The sessions will explore Field Sobriety Tests, Blood Alcohol Testing, Drug-Based DUIs as well as case law and legislative updates. We also will get a view from the bench as we will have judges who preside over DUI cases tell us how rule changes and COVID-19 have impacted courtroom DUI litigation. With presenters ranging from seasoned defense lawyers, former prosecutors and current judges, this seminar will be beneficial to all who are involved with DUI cases in the criminal justice system.
DUI Case Law and Legislative Updates
Mariam Ferguson, Ferguson Hill Filous, PLLC
James Rappaport, Pima County Attorney's Office
SFSTs: Separating Fact from Fiction
James Nesci (Retired), Nesci & St. Louis
The Basics of Forensic Blood Alcohol Testing in Arizona
James Charnesky, Law Offices of Charnesky & Dieglio
Chester Flaxmayer, Forensic Alcohol Science & Technology
The Evolution of Actual Physical Control & Corpus Delicti
Mark Weingart, The Weingart Firm
Lawrence Koplow, Koplow Law Firm
Driving under the Influence of Marijuana
Dina Dieglio, Law Offices of Charnesky & Dieglio
Chester Flaxmayer, Forensic Alcohol Science & Technology
Michael Bloom, Michael J. Bloom, PC
Updates in DUI Litigation: A View from the Bench
Moderator: Michael Bloom, Michael J. Bloom, PC
Hon. Marianne T. Bayardi, Presiding Judge, Scottsdale City Court
Hon. Jeffrey Klotz, Tucson City Court
Hon. Kendrick Wilson, Pima County Justice Court
Dina Dieglio, Law Offices of Charnesky & Dieglio LLC
Marianne T Bayardi, Maricopa County Attorney
Honorable Marianne Bayardi became the Presiding Judge of the Scottsdale City Court on March 21, 2022. Prior to Joining Scottsdale, she served for 15 years both as an Associate Judge and, from 2019 – 2022, as the Assistant Presiding Judge of the Phoenix Municipal Court. In both courts, she presides over criminal misdemeanor and civil protective order cases. She is a member of the Arizona Supreme Court Committee on the Impact of Domestic Violence and the Courts and the Committee on Limited Jurisdiction Courts as well as the Judicial Conference Planning Committee.
Marianne was born near Chicago, Illinois and raised in Phoenix. She graduated from Arizona State University with a Bachelor of Science in Political Science in 1987. She earned her Juris Doctor from the University of Arizona College of Law in 1991. Among other things, she was a published law review author and served as an Executive Note Editor. Judge Bayardi joined the Robbins & Green law firm after law school where she engaged primarily in plaintiff and defense litigation in wrongful death and personal injury matters. She later worked at Steven J. Wells and Associates as in-house counsel for State Farm practicing insurance defense. Marianne also served as a Deputy Maricopa County Attorney where she prosecuted felonies. She later returned to a civil practice defending the Arizona Department of Transportation in wrongful death and personal injury cases at the Arizona Attorney General’s Office. Following that, she served as an Administrative Law Judge at the Office of Administrative Hearings before being appointed to the Phoenix Municipal Court bench. Marianne and her wife Jenni have been married for 27 years and have three children.
Michael J Bloom, Michael J. Bloom, P.C.
Michael Bloom, Michael J. Bloom, PC. Mike has been an attorney for over 40 years with a dedication to criminal defense. He began as a Pima County Public Defender (1977-1983). In 1983, Mike went into private practice. While he has focused his practice on defending the accused, Mike has also taken on issues in other areas like civil rights and public records law, taking on many difficult complex issues. Mike has been a mentor to many lawyers and is always willing to share his work, motions, and general knowledge with less experienced lawyers. One of Mike’s most notable service accomplishments has been his 30-year co-production of the annual AACJ DUI conference. Through his career, Mike has participated in numerous challenges to the manner in which DUI’s are investigated in Arizona, including the challenge to the RBT, resulting in the invalidation of 14,000 breath test results. (State v. Fields). He was co-counsel in a case, State v. Gibson, in which the trial court precluded the testimony of the State’s experts in an arson case, finding the experts’ testimony was unreliable. It is believed that this is one of the first cases in the United States in which expert testimony by government experts in an arson case was thrown out of court. Mike has been named as the recipient for many local and national awards including:
- In 1994, Mike was named the Trial Lawyer of the Year for the American Trial Lawyers for Public Justice as a result of his work in uncovering the policy of the Tucson Police Department to interrogate suspects in violation of their request for counsel. [See,Cooper v. Dupnik, 963 F.2d 1220 (9th Cir. 1992)]
- He has been listed in Best Lawyers of America since 2000.
- Mike is listed in the Bar Register of Preeminent Lawyers and Southwest Super Lawyers.
- Recently he received the Pima County Bar Association's Robert Hooker Criminal Justice Award “…given each year to an attorney and member of the Pima County Bar association who has consistently demonstrated a strong commitment to service within the community and who embodies the highest standards of professionalism, innovation, and selfless dedication to the improvement of the criminal justice system.”
- He was also recently awarded Arizona Attorney’s for Criminal Justice’s highest honor: The John Flynn Lifetime Achievement Award.
James A Charnesky, Attorney/Partner, Law Offices of Charnesky & Dieglio LLC
James Charnesky has been practicing in the area of criminal defense for over 20 years. The majority of his practice is devoted to defending individuals charged with driving related crimes involving either alcohol or drugs. He is a member of both AACJ and NACDL. James attended the University of Arizona College of Law from 1995-1998. After graduating James began his law career as an Assistant Pima County Public Defender where he practiced for five years handling hundreds of misdemeanor and felony DUI cases. Since leaving the public defender's office, Mr. Charnesky has continued to practice criminal and DUI defense at the Law Offices of Charnesky & Dieglio. James has attended both the Wyoming Trial Institute and NACDL's National Trial College. He tried well over 200 jury trials.
James has spoken at numerous legal seminars across the state on various issues relating to DUI defense including how to present expert testimony in challenging breath and blood readings, opening statements and closing arguments, and developing a winning theory of your case.
Dina M Dieglio, Attorney/Partner, Law Offices of Charnesky & Dieglio LLC
Since her admission to the Arizona Bar in 1998, Dina Dieglio has devoted her practice to criminal defense. During her years with the Pima County Public Defender's Office (1998-2003) Ms. Dieglio earned a reputation as a zealous advocate for her clients. Along with James Charnesky, she is currently a partner in the firm of Law Offices of Charnesky & Dieglio, LLC. (since 2003). Her practice is 100% criminal defense with a focus on DUI related crimes. A Martindale-Hubbell AV Preeminent Rated attorney, Ms. Dieglio has handled thousands of cases from misdemeanors to serious felony offenses. Dina has given dozens of CLE presentations on various DUI topics over the last decade. Currently, Ms. Dieglio co-chairs the Arizona Attorneys for Criminal Justice annual DUI seminar along with Lawrence Koplow. She also is the chair of the State Bar DUI Law Update Seminar. She often works with attorney Michael Bloom on serious accident and vehicular homicide cases. She has a vast knowledge of Motor Vehicle Department issues as they relate to DUI and criminal cases and regularly lectures on MVD issues.
While she has received other awards during her career, Ms. Dieglio is most proud of her law firm receiving the Robert J. Hooker Award in 2016 by the Arizona Public Defenders’ Association. This award is given to one private law firm in the State of Arizona “In recognition and appreciation of their exceptional commitment of time, effort and expertise to Arizona Public Defenders and their clients.” Dina fondly recalls her years as a public defender and values their place in the legal community. She also serves on charitable boards, currently sits on the Tucson City Court Magistrate Merit Selection Committee as well as the Criminal Justice ACT (CJA) Panel Lawyer Screening Selection Committee. Most importantly, Ms. Dieglio is the proud mother of Kaya (age 12) and Chloe (age 11).
Mariam Ferguson, Partner, Ferguson Hill Law, PLLC
Mariam Ferguson is a founding partner of Ferguson Hill Filous, PLLC, where she defends individuals charged with both high-level felonies and misdemeanors. Since graduating in the top third of her class from the University of Arizona James E. Rogers College of Law in 2013, Mariam has devoted her entire legal career to the practice of criminal law. She started as a prosecutor for the Pima County Attorney's Office, where she prosecuted thousands of misdemeanor cases in the Pima County Consolidated Justice Court and Green Valley Justice Court. She then transitioned to criminal defense by joining the Pima County Public Defender's Office in 2017. As an Assistant Public Defender, she defended hundreds of indigent persons accused of serious felonies. She is committed to protecting the rights of the accused and advocating for her clients. Mariam is also a member of the the Tucson City Court Magistrate Merit Selection Commission, and an executive board member of the Pima County Bar Association.
CHESTER FLAXMAYER is a criminalist for forensic alcohol science and technology. He is a graduate of ASU and holds three degrees in chemistry, microbiology and botany. He has worked as a criminalist for 15 years in the area of alcohol and drugs and has testified extensively on the effects of alcohol and drugs on the human body. He has appeared as a guest speaker for groups such as APAAC, GOHS, State Bar of Arizona, Arizona Supreme Court, NHTSA and IACT.
Hon. Jeffrey Klotz, Magistrate, Tucson Municipal Court
Honorable Jeffrey Klotz has served as a Magistrate in Tucson City Court since 2003. Since taking the bench, he has presided over thousands of DUI cases including hundreds of Jury Trials. He is a frequent presenter at judicial conferences and seminars. Before becoming Magistrate, Judge Klotz was a Tucson Public Defender and in private practice.
Lawrence Koplow, Koplow Law Firm
Lawrence Koplow is in private practice focusing on the defense of DUI and vehicular crimes allegations. He was formerly a prosecutor in the Vehicular Crimes Section of the Maricopa County Attorneys’ Office. Lawrence has been practicing law for 20 years. During that time, he has conducted over 300 jury trials.
In 2015, Arizona Attorneys for Criminal Justice (AACJ) presented him with an “Outstanding Contribution to DUI Defense Award.” On January 18, 2019, Lawrence was also awarded a President’s Commendation by AACJ for his work in the case of State v. Diaz which challenged the constitutionality, and eventually overturned in a published opinion, the use of an Arizona Statute to seize blood without a warrant. Lawrence was named to the 2019 Southwest Super Lawyers list.
He is the author of the Challenging Blood Alcohol Measurements chapter, in Aspatore Publishing’s treatise DEFENDING VEHICULAR HOMICIDE CASES, 2015 Edition. Lawrence’s practice involves litigating issues concerning the use of forensic toxicology, metrology, laboratory quality assurance and quality control. His work has helped shape Arizona case law and effectuated changes in the way Arizona crime laboratories now conduct their work.
James Nesci, Author
James Nesci retired from the practice of law in the summer of 2018, one day before his 54th birthday and highly recommends that you skip your entire legal career to proceed straight to retirement. Having since traveled to Europe, Asia, South America, the Middle East, and Africa he says “Retirement is the bomb.” He is an NCDD Fellow, Board Certified (2001-2021), AV Preeminent-Rated, one of The Best Lawyers in America, yadda, yadda, yadda. He rejected the “SuperLawyer” designation because he found the comedic value of the rejection greater than the accolade itself. He is the author and co-author of 32 legal treatises. He has represented former Supremes lead singer Diana Ross, fitness guru Richard Simmons and Tampa Bay Buccaneer’s tight-end Jerramy Stevens. Having caught more than one police officer lying, some officers would not speak to him without their attorneys present. James has taught virtually every aspect of DUI Defense at 165 Continuing Legal Education Seminars. He is an amateur racecar driver, accomplished mechanic and Corvette fanatic.
James William Rappaport, Deputy County Attorney, Pima County Attorney's Office
James Rappaport is a Deputy County Attorney at the Pima County Attorney's Office, where he supervises the Tax and Land Use Litigation Units. His primary practice is eminent domain and inverse condemnation litigation. His past practice areas include insurance defense, appellate litigation, and § 1983 defense for the Tucson Police Department and Pima County Sheriff's Department. He has also prosecuted DUIs both in Pima County Justice Court and Tucson City Court on behalf of the Pima County Attorney's Office.
He has tried cases to state and federal juries, and he has litigated in the Arizona Court of Appeals, the Arizona Supreme Court, and before the Ninth Circuit Court of Appeals. James was also an instructor for the Sheriff's Department Corrections Academy, where he taught courses in constitutional law and civil rights liability.
He received a Bachelor of Arts, summa cum laude, in historical musicology from the University of Pennsylvania in 2011. He earned his law degree from Georgetown University Law Center in 2014.
James is the President-Elect of the Pima County Bar Association. He chairs the PCBA Rules Committee and the Tucson City Magistrate Merit Selection Commission. He has been published twice in DePaul University's Issues in Aviation Law & Policy on the subjects of Federal Aviation Act preemption and aviation tort litigation.
Mark N Weingart, Sr. Partner, The Weingart Firm PLLC
Mark N. Weingart is entering his 46th year in the practice of law. He is the owner and manager of The Weingart Firm in Tempe. Early in his career, Mark was an Assistant Prosecutor in Ohio and prosecuted over 100 DUI cases, as well as major felonies.
He moved to Arizona in 1979 and was appointed as a City Court Judge in Tempe where he remained full and then part time for 6 years. Also, he served as an Assistant Attorney General.
In 1988 Mark founded The Weingart Firm in Tempe and has been practicing criminal defense with emphasis on DUI, ever since. Over this time the firm has been instrumental in shaping the DUI defense practice in Arizona. Mark, through his firm, was counsel of record in at least 15 published opinions including the seminal cases of State v. Love, which redefined the term “actual physical control” of a motor vehicle, and State ex rel. McDougall v Superior Court (Plummer) which recognized, for the first time, the corpus delicti rule as applied to DUI in Arizona.
Mr. Weingart has been a certified Criminal Law Specialist under standards established by the Arizona Board of Legal Specialization since 1995. He has tried hundreds of jury trials. Mark is also a Founding Member of the National College for DUI Defense, member of the State Bar(s) of Arizona and Ohio, and is listed in the Bar Registry of Preeminent Lawyers.
Kendrick A Wilson, Justice of the Peace, Pima County Justice Court
Honorable Kendrick Wilson is the Justice of the Peace for Precinct 9, one of the County's most diverse precincts. Precinct 9 includes the University of Arizona, the City of South Tucson and parts of the Tohono O'odham Nation.
Before being appointed as a Justice of the Peace, Judge Wilson worked as a prosecutor handling domestic violence and animal abuse cases. He worked for the Pascua Yaqui Tribe from 2015 until 2019 and worked from 2010 until 2015 in the Pima County Attorney's Office.
Judge Wilson presides over the Animal Welfare Court, which is the first of its kind in the nation. This problem-solving court focuses on the most serious animal cruelty and neglect misdemeanor cases and emphasizes offender treatment to avoid recidivism.