I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... View More
answered on Jan 11, 2021
You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... View More
answered on Dec 16, 2020
If by unsettled DUI in Florida you mean you have an active warrant for your arrest to appear in Florida, you'll need to quash the warrant and remove the hold on your license there before Arizona will issue a license. You should contact an attorney licensed in Florida to address the Florida DUI.
Im confused on the concept so does a DUI time start the day you were caught or the day you were convicted? Im asking because im currently seeking a set-aside.
answered on Dec 10, 2020
The length of time both since the date of arrest and date of sentencing can both be used as factors for considering a set aside. Although it depends on the judge, even more important is usually the length of time since completing the sentence. This is also a specific factor to be considered under... View More
I failed due to not walking straight said officer but had foot surgery while back so hard to put full pressure on it. I plead the 5th after that and was arrested. The other officer searched my car without my permission and found a pipe what do I do
answered on May 10, 2020
You were correct to plead the 5th, many people fail to assert their right to remain silent.
Unfortunately the court will usually find the search to be lawful since it will be considered a "Search Incident to Arrest". You will most likely be charged with a drug DUI due to the... View More
answered on Apr 23, 2020
There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show... View More
answered on Apr 23, 2020
An attorney would need to look at the docket for your case and see what type of court hearing you have. It's hard to say with the current information provided.
answered on Mar 18, 2020
At an Early Disposition Court session, you as a defendant will be arraigned, and a plea agreement will be offered by the County Attorney. If you accept the plea agreement, sentencing will occur that day or at an EDC session. If you do not accept the offered plea agreement, you will be allowed time... View More
For the purposes of a DMV hearing to determine if my BAC was 0.080 or greater, my two readings (Intoxilyzer 8000) were 0.080 (equal to) and 0.077 (less than). Is the administrative judge required to use the lower, average or higher value in that determination?
answered on Feb 10, 2020
The Administrative Law Judge is not required to go with the lower or higher BAC only, as they will take both into consideration. I do not know the specifics of your case and recommend you contact me directly if you want more help at 602-900-6642.
In most MVD hearings the judge is looking... View More
answered on Dec 3, 2019
If his previous DUI was within 7 years, he will considered a second time offender. This changes the amount of jail time (minimum of 120 days) he faces, the fines, and other sanctions. If he received the second DUI while he was required to have an interlock or he did not have a license, he will... View More
his car got towed and he is homeless and he has no money to get his car out
answered on Nov 19, 2019
Your friend needs a criminal defense attorney, but none of them saw your post under DUI or Insurance Defense. Maybe in the interest of time, instead of reposting, you could just reach out to criminal defense attorneys you see on this site or through your own searches. Based on your description of... View More
What do you think she is facing?
answered on Nov 7, 2019
If she was charged with a misdemeanor Extreme DUI, she is facing 30 days - 6 months in jail, up to 5 years of probation, and a substantial amount of fines/fees along with other consequences such as loss of license, SR22 insurance, etc. She needs the assistance of an experienced DUI attorney. Most... View More
I did not receive an "Admin Per Se/Implied Consent Affidavit" when cited (BAL 0.07) so my license was returned to me. Will my license only be suspended if found guilty of the above charge or will it be automatically suspended at some future date?
answered on Oct 30, 2019
If you are found guilty of DUI impaired to the slightest degree you will get a 90 day license suspension + a 1 year interlock requirement by MVD. The suspension will happen after you are found guilty of DUI on your court case because MVD will receive an abstract from the Court saying you were... View More
My daughter caused an accident while driving with a BAC over .15 and had a child in the car at the time. She is being charged with 4 different counts of Aggravated DUI Felony 6. How much jail time is she looking at here?
answered on Oct 17, 2019
Hello and thanks for the question. Unfortunately, it is impossible to give a precise answer without more information. To get the best answer, we will need to know about her criminal history. If she has no prior felony convictions of any kind, in any state, the minimum jail term is 10 days. If... View More
But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.
answered on Oct 16, 2019
Great place to look is Chapter 4, Title 28 of the Arizona Revised Statutes. It's available online to the public at https://www.azleg.gov/arsDetail/?title=28
Arizona. Advice please.
What is statue of limitations?
answered on Oct 9, 2019
There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a... View More
answered on Sep 17, 2019
Hello. You will need to contact an attorney in the city/town/county were the conduct occurred. Attorneys can only represent people in a State where they are licensed to practice law so it is unlikely you will be able to hire a local Phoenix attorney that is also licensed in New Mexico. You may be... View More
As he started driving he smoked a cig and then it made it worse, he couldn’t feel anything, could barley move, he put on his hazards and pulled over. He fell out his car and realized he couldn’t walk. He called a ambulance. At the hospital they found that the coke he tried was laced with... View More
So basically I got into a car accident recently around 11 pm at night and the officers said I passed all field sobriety but because I told them I smoked marijuana at 7:30 am they are trying to charge me with a DUI. Now what I’m worried about is I am a marijuana smoker and I know it’s going to... View More
answered on May 4, 2019
Hello. I am sorry to hear about this encounter. It is very important that you contact an attorney. Even if you passed the sobriety test and were technically not "impaired" if the Blood Calibration results yield any traces of THC or any other metabolites then the State can charge you with... View More
I was at a bar in Arizona visiting from New Mexico with my friend and he got into a fight so we left the bar and someone called in the fight and gave them a description of my car and the police pulled me over and cuffed my friend and made me do tests for drinking and driving like heel to toe and... View More
answered on Apr 29, 2019
Welcome to AZ. I am sorry to hear about your experience. AZ is a zero tolerance state and has very strict DUI Laws. If the officer did not draw your blood or make you submit to a breath test, in the station, there is an excellent opportunity for our office to fight this charge and get a dismissal.... View More
Got sentence 3yrs imprisonment Adoc. Imprisonment probation. Can a defendant be charge twice for the same charge?
answered on Apr 28, 2019
Yes. If the state identifies three separate victims or three separate instances, they will file a charge for each. If found guilty of multiple counts, the judge can run the sentences at the same time or one after another.
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