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Questions Answered by Matthew Maerowitz
1 Answer | Asked in DUI / DWI for Arizona on
Q: In Arizona is it legal to use a blood sample drawn 2 1/2 hours after being stopped?

The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.

How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?

The... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 22, 2024

Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have been charged with a misdemeanor dui in Arizona I am moving out of state what can I do?

I was a resident of Missouri not Arizona during the time of my arrest and had a valid Missouri drivers license as well as Missouri registration insurance and tags and the officer suspended my Arizona license and the court failed to serve me with my court date

Matthew Maerowitz
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Matthew Maerowitz
answered on Nov 6, 2023

You will need to handle the DUI in AZ and should consult a DUI lawyer immediately. If the court was unable to serve you, then the Court likely issued a warrant for you arrest. Many lawyers offer free consultations. If you cannot afford a lawyer, one will be appointed to you because DUI in... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: what should a person do if they was arrested booked charged with a DUI and driving licence was suspended but had been

allowed to get the back and their no DUI on record after two weeks

Matthew Maerowitz
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Matthew Maerowitz
answered on Oct 2, 2023

Based on what you wrote, the admin per se Order of Suspension likely has not been filed yet and it is not uncommon for this to take 2 weeks or more from the arrest to get filed and processed with ADOT. You also have a limited window of requesting a hearing on the suspension. You should consult a... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: dui sentencing was jail day abd 54 dui class plea do i have to COMPLETE or BE ENROLLED in the 54 classes by the date set

The letter just said DUI conseling by 05/15. But i dont know if that means to show proof of enrollment or completion.

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 1, 2023

Typically, the court will set a sentence review and just needs to see progress towards completing all terms of your sentence unless the sentencing was a long time ago. Part of it depends how long ago you were sentenced.

If the court sees proof of enrollment and progress towards the...
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1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Does rule 8 of criminal procedure apply to DUI/DWI cases in Arizona?

I was pulled over for suspicion of DUI in late January and was released from jail the following day. I was charged with the DUI in September.

Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 6, 2023

Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there anyway of getting DUI charges from 2 years ago dismissed, if I was parked, asleep car off keys in my pocket???

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 ?

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Our son got a dui with an extreme also with a suspended license. What are his chances of jail time or types of punishme
Matthew Maerowitz
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Matthew Maerowitz
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... View More

2 Answers | Asked in Car Accidents and Personal Injury for Arizona on
Q: Hello. I got in an accident. Driving in a rental car. I have insurance. And it was judged that the other car was at faul

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... View More

Matthew Maerowitz
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Matthew Maerowitz
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... View More

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1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there any way to remove this from record?

I was charged with dui charge, DUI LIQUOR BAC .08 OR MORE - 1ST.

I pled guilty to a different charge, DUI LIQUOR/DRUGS 1st

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 20, 2024

The charges other than the one/s you plead guilty to should show up as dismissed. You can set aside any convictions after completing all terms of your sentence. If you don't want the case to be visible at all, you can request to seal your records. Normally the court will have information on... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was charged with shoplifting but I feel there is something wrong with my ticket or the charge?

In Phoenix, AZ with no record at all, not even a ticket. I was charged with ARS 13-1805 for shoplifting from a Hobby Lobby for 50-60 dollars in things and noticed the ticket (printed onto a traffic ticket) doesnt have any detailed information on it, my eye and hair color are wrong, and something... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 10, 2023

For misdemeanor charges, it is common for them to be charged by an officer using the Arizona Traffic Ticket and Complaint form even when it is not a traffic offense. For a first offense sometimes there is an opportunity at diversion. Regardless, you should contact a lawyer immediately to help go... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: A.R.S. 28-1321(I)- does the driver automatically win if the MVD does not set an implied consent hearing within 60 days?

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... View More

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in Criminal Law and Health Care Law for Arizona on
Q: I have been adsaulted three times by a person. I have advanced glaucoma. The person was at my bedroom window last night.

So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

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.

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: Can I appeal a charge from 1996 in Tempe, AZ where coercion played a role in my plea?

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... View More

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Arizona on
Q: Can the judge deny and refuse to argue a motion to dismiss?

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... View More

Matthew Maerowitz
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Matthew Maerowitz
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... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: I'm required by the court to do a drug screening can I do one I get from walgreens or do I have to go to a lab

If so will ahcccs cover it or how much is it

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
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... View More

1 Answer | Asked in Libel & Slander and Criminal Law for Arizona on
Q: Mistaken identity wrongfully charged with a crime

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.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
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... View More

2 Answers | Asked in DUI / DWI for Arizona on
Q: was arrested & taken to jail & released. I was given a traffic ticket & complaint for DUI. Why isn’t my case show online

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?

Matthew Maerowitz
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Matthew Maerowitz
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....
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2 Answers | Asked in Personal Injury and Car Accidents for Arizona on
Q: In car accident cases do lawyers get billing records from the hospital stay if their is one?
Matthew Maerowitz
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Matthew Maerowitz
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... View More

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