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Questions Answered by Matthew Maerowitz
2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

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... Read more »

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 21, 2020

You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: CAn you oppose a motion for extension of time to file answering brief

The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 20, 2020

A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If I live in Arizona and got a UNSETTLED DUI in Florida over 35 years ago how can I get my licence reinstated in AZ?
Matthew Maerowitz
Matthew Maerowitz 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.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I had a question about when a DUI starts aging is it the day you were caught or the day you were convicted with a 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.

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: DUI - Impaired to the slightest degree citation (BAL < 0.08). When will my license be suspended?

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?

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I'm trying to educated my 17 year old daughter of the legal consequences of driving while high on marijuana.

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.

Matthew Maerowitz
Matthew Maerowitz 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

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2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.

Arizona. Advice please.

What is statue of limitations?

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: Ho do I submit a video into evidence at a no jury criminal court case

The video was taken by the attending officer's body cam. The video was sent to me from the prosecutor of this case.

Matthew Maerowitz
Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use the body cam as evidence you will want to request the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I am defendant - want to use CD the prosecutor has sent me. How to enter in as evidence I want to use
Matthew Maerowitz
Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use it as evidence you will want to request the court clerk... Read more »

2 Answers | Asked in Insurance Defense and Personal Injury for Arizona on
Q: A car crashed into me by turning around in an intersection while i was behind him, how do i get his insurance to pay?
Matthew Maerowitz
Matthew Maerowitz answered on Jun 7, 2019

Typically it takes gathering all the relevant information including the crash report. It is rarely advisable to do this alone. You should at least call an attorney over the phone and request a free consultation. If it is a meaningful accident and you were injured, you will likely want to hire an... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: What drugs to police test for in a blood draw?
Matthew Maerowitz
Matthew Maerowitz answered on Nov 16, 2018

In a DUI case, the crime lab will typically first test the blood for alcohol even when there is no suspicion of alcohol. If the results reflect a BAC above a 0.08 then typically no further testing will be done--though depending on the court and crime lab I have seen a further drug screen done even... Read more »

2 Answers | Asked in Personal Injury for Arizona on
Q: I already have sciatica, but my accident made it worse - can I still make a claim if it's a preexisting condition?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 31, 2018

Yes, ordinarily you can recover if the accident made a pre-existing condition worse. You would want a medical opinion saying so as well.

You should consider contacting a personal injury attorney for a free consultation to be able to discuss your case in more detail.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Is it true I cannot be granted an appointed defensive attorney only private legal counsel if jail time is unsought?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 31, 2018

You are only entitled to a court-appointed attorney if there is the possibility of punishment involving loss of liberty (such as jail). However, in the interest of justice the court may still appoint a public defender under Rule 6.1(b)(2).

2 Answers | Asked in DUI / DWI for Arizona on
Q: Can I get a DUI for driving without wearing my prescription glasses?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 31, 2018

Unless you also had drugs or alcohol in your system, that wouldn't be a DUI. However, it would still be a criminal misdemeanor for driving in violation of a restriction. You need your glasses to drive so I don't know why you would decide not to wear them. What commonly happens though... Read more »

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2 Answers | Asked in DUI / DWI for Arizona on
Q: What is the difference between a DUI and a wet and reckless?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 6, 2018

There's no such thing as a "wet and reckless" in Arizona. There is however a crime of reckless driving. In terms of the difference between Reckless driving and DUI they both carry 8 points on MVD driving record, but DUI is a higher class of offense and carries certain mandatory... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: I was chrged twice on the same issue. First, it was dismissed, only to be refiled . Isnt that double jeopardy?

Prob. Revocation hearing that originally was set for 6/21 till 7/30 authorized motion 8.4 and 8.5 criminal procedure, not to exceed 30 days. Andit has, so now what?

Matthew Maerowitz
Matthew Maerowitz answered on Jul 30, 2018

It depends how the charges were dismissed. The same charges can get refiled if the dismissal was WITHOUT prejudice. If it was WITH prejudice, then charges may be refiled so long as they comply with the applicable statute of limitations (time limit for filing). I am a bit confused by your... Read more »

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