Total Credits: 7 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
Drug-Based DUIs
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
Chair
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.
James Charnesky, Law Offices of Charnesky & Dieglio, 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 250 jury trials.
James has presented 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. He is often contacted by colleagues seeking strategy advice on defending case. James is known to share his work with others helping to foster community among defense attorneys. Most recently, James was awarded the Stephen Barnard Lifetime Achievement Award for DUI defense by AACJ (2023).
Dina Dieglio, Law Offices of Charnesky & Dieglio. 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 which they started in 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 twenty years. She co-chairs the Arizona Attorneys for Criminal Justice annual DUI seminar along with Lawrence Koplow and has been the chair of the State Bar DUI Law Update Seminar. Currently, Dina is the Vice Chair of the Tucson City Magistrate Merit Selection Commission. Dina was also appointed to the Criminal Justice ACT (CJA) Panel Lawyer Screening Selection Committee in 2018 and is currently serving her second term.
In 2016, the Law Offices of Charnesky & Dieglio received the the Robert J. Hooker Award. This award is given by the Arizona Public Defenders’ Association 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.” In addition to several other awards and recognitions, Ms. Dieglio was recently presented the AACJ’s Presidential Commendation Award (2023) and AACJ’s Larry Hammond Leadership Award (2024).
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.
Lawrence Koplow, Koplow Law Firm, 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.
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 Rappaport is a Deputy County Attorney at the Pima County Attorney’s Office, where he works in the Appeals Section. His past practice areas include zoning and environmental litigation, inverse condemnation, insurance defense, 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.
James has tried cases to state and federal juries, and he has litigated in the Arizona Court of Appeals, the Arizona Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit. James was also an instructor for the Pima County Sheriff’s 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 current President of the Pima County Bar Association and Chair of 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.
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