Total Credits: 7.0 CLE, 7.0 Criminal Law Specialization
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
|DUIFundamentalsAndUpdates2022.pdf (11 MB)||120 Pages||Available after Purchase|
|UnderstandingDruggedDrivingCases.pdf (7 MB)||47 Pages||Available after Purchase|
|DrivingUnderTheInfluenceOfMarijuanaSlides.pdf (1 MB)||28 Pages||Available after Purchase|
|SFSTValidationStudies.pdf (3 MB)||398 Pages||Available after Purchase|
|Marijuana DUI and the ever evolving Marijuana Issue.pdf (2 MB)||51 Pages||Available after Purchase|
|DrivingUnderTheInfluenceOfMarijuana.pdf (14 MB)||501 Pages||Available after Purchase|
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.
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. Ms. Dieglio recently received the President's Commendation Award from the Arizona Attorneys for Criminal Justice in 2023 for "outstanding service to the cause of criminal justice. 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 13) and Chloe (age 12).
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.
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.
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.