Las Vegas, NV asked in Criminal Law and DUI / DWI for Arizona

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.

Related Topics:
1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: 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 one year to file charges. This is an oversimplification, but Rule 8 generally requires trial to be held within 6 months once a trial is requested.

I did a short video on this on my YouTube channel:

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.