New York, NY asked in DUI / DWI for Arizona

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 ?

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1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
  • DUI & DWI Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: 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 likelihood of driving in the immediate future.

The second issue involves statute of limitations or speedy trial. A misdemeanor DUI generally carries a 1 year statute of limitation. It’s rare that a case gets filed beyond the statute of limitations so likely the statute of limitations was met but case was on warrant status. If statute limitations was met there may still possibly be a speedy trial issue but you will want to talk to a lawyer to discuss.

You should definitely consult a lawyer over the phone or in person instead of posting additional details on here publicly.

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