I was pulled over, parked on the side of a residential area asleep in my driver side chair. Awoken by PD taken from car where they found my keys upon the pat down but bac was .085 and they charged me 2 years later by mail. Is there anyway to fight this ?
answered on Jan 3, 2023
There are two potential issues from your question. The first is whether you were in actual physical control of the car. In Arizona you can get a DUI for driving or being in actual physical control. However, sometimes actual physical can be hard to prove especially without evidence of driving or... Read more »
answered on Dec 24, 2022
If he is found guilty, DUI in Arizona carried mandatory minimum jail time. A first offense extreme DUI with a BAC above 0.15 carries mandatory minimum jail time of 30 days with the judge having discretion to suspend all but 9 days with an interlock. A super extreme DUI with a BAC above 0.20... Read more »
fault. This prevented me from working and im gonna have to stay with my brother now. I dont have health insurance. the rental was totaled. i dont know how severe it is but i do get headaches and my back/shoulder/neck area is stiff. Because i lost access to the car the i cant work right now and i... Read more »
answered on Oct 20, 2022
Did this happen in Arizona? I am only licensed in Arizona so I cannot comment on other jurisdictions, but if this was an AZ collision and the other party was at fault a lot of times medical providers will treat with a lien so you do not have to pay out-of-pocket. In addition to the medicals, you... Read more »
I requested for an MVD hearing in Arizona, to challenge an implied consent license suspension (for failure to submit to DUI alcohol testing). This automatically stayed my license suspension, pending an administrative hearing.
Per A.R.S. 28-1321(I): "On the receipt of a request for a... Read more »
answered on Jul 6, 2022
This is a good question because according to statute these hearings are supposed to be held within sixty (60) days. Unfortunately, the delay alone will not void the suspension. For the past 2+ years the administrative hearings have typically been delayed past the 60-day timetable. Arizona case... Read more »
So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.
answered on Mar 24, 2022
If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as... Read more »
Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.
answered on Mar 24, 2022
On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... Read more »
I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... Read more »
answered on Feb 28, 2022
It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... Read more »
I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.
The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... Read more »
answered on Feb 14, 2022
The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... Read more »
If so will ahcccs cover it or how much is it
answered on Feb 14, 2022
If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... Read more »
Nobody bothered to further investigate the surveillance footage to verify whether or not it was even me no investigating officer met me in person to compare me to the footage and now a year later I'm going to jury trial for a crime I didn't commit that I've already been charged with.
answered on Feb 9, 2022
If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that... Read more »
I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?
answered on Feb 1, 2022
Likely one of two things are happening.
1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online.... Read more »
answered on Jan 20, 2022
Yes, getting the bills for all your medical records is very important if seeking recovery for damages of related medical treatment. This can sometimes be tedious to do without the help of an attorney and sometimes it is difficult to correctly present a claim if you have one. You should contact a... Read more »
Segwick is the insurance company that handles the store, I received one cold call and I have called left messages, text's and email's. Is there anything I can do?
answered on Jan 13, 2022
If the store is at fault, you may be entitled to recover damages. Contact a personal injury attorney to go over what happened. Many of us offer free consultations.
I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case
answered on Jan 13, 2022
The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... Read more »
answered on Jan 13, 2022
If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... Read more »
My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »
answered on Sep 20, 2021
Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »
Can it Be Expunged, if the person has no previous criminal record
answered on Aug 16, 2021
Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »
answered on Jun 28, 2021
So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »
Case Description: Yesterday I was walking into Safeway and tripped on the curb and fell onto my hands and knees I was so embarrassed and I got up despite the pain I was in and tried to play it off like I was ok. I went in using the cart to help me get around and finished my shopping. The manager... Read more »
answered on Apr 26, 2021
Regardless of whether you will be able to recover or not; your first priority should be your health. Whether you have an actionable case against Safeway depends in part on whether Safeway was at fault. You should immediately consult a personal injury attorney and many offer free consultations.
answered on Apr 14, 2021
Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.
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