My question involves criminal law for the state of: Arizona
March 2012, my husband was pulled over before entering our neighborhood for speeding and doing a California role at a red light at night. The initial officer did not complete the incident, another officer stepped in. He investigated for a DUI and claimed my husband was drunk. And claimed he reached for his gun which is complete bullshit. Even in the report he admits to accusing him and then turning his back tonfinish searching the car without another officer present or even my husband handcuffed....just standing there. When towing his car, another officer was doing inventory and claims that one of them found a very small amount of marijuana in the trunk. Not hidden.
They took my husband to the city station and took his blood for alcohol only and sent him home in a cab with a citation for DUI and marijuana possession.
Here's the kicker.....the investigating officer was fired and placed on the Brady List for a number of things.
My husband was issued a court dat without arrest or warrant for the DUI, the marijuana charge was not listed as it
was initially, neither was the assault, from the city court a month later. In August, the case was dismissed and he was issued a red light ticket and speeding ticket. The officer that gave him the court date said that he thought maybe they sent the marijuana charge for the county. They were not addressing the assault.
My questions are: when does the statute of limitations run out for this marijuana possession citation? I checked, no warrant issued, no court date, not even sure the city even sent it to the county, nada......
Real issue, he applied for a HAZMAT endorsement and you have to have a background through TSA to have it. TSA is giving an initial disqualify of the background because of it. We are not even sure we can appeal until the statute runs out or what....TSA won't tell us, just tells us to send in paperwork with our request to appeal.
Thanks. Also not this really matters, but he was drunk, he doesn't do drugs and says if there was even marijuana in the trunk.....it had to be from his coworker who had his bags in the trunk when he dropped him off that night after work.