Got sentence 3yrs imprisonment Adoc. Imprisonment probation. Can a defendant be charge twice for the same charge?
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.
So back in 2009 I was charged with a DUI for metabolites in my system and was not under the influence given a fine and ordered to have a breathalyzer put in my car even though I did not have any alcohol in my system at all and my license was suspended. I still owe the fine and that you're... Read more »
This is an interesting question and situation you are in. My best recommendation is to contact Reeves Maxwell Law since they specifically and exclusively handle appeals. Their number is 480-352-3701 or email: admin@appealsaz.com
Based on my limited knowledge of appeals, you might be out of... Read more »
I already send all the originals documents to immigration for my DUI before I got my asylum granted, after one year I'm applying for my green card, immigration is gonna ask me for the original document, even if I already send it to them? And is gonna be a problem for me to get my green card ?... Read more »
You may have problems because of the DUI. You should definitely consult with an experienced immigration to help you with your filing and any potential responses to USCIS.
No priors. Pulled over for running a redlight. Police found a very small amount of marijuana. Court is in about 9 days.
First priority is to get the felony possession dropped to a misdemeanor at least. Would also like to fight the DUI charge since they were not impaired while driving.... Read more »
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into... Read more »
I am feeling very apprehensive and at this point not sure he will show up for the hearing. What steps do I take from here?
It is unfortunate that you are having a poor experience with your attorney. Lawyers can be very busy so I expect they are busy but will be at your hearing or they will have one of their associate attorneys conduct the hearing.
I suggest to you that you still attend the hearing at the... Read more »
Unfortunately, the answer is probably yes. Arizona is a right-to-work state, meaning an employer can fire you for any reasons, as long as it is not unlawful. That means employers can have rules about their employees having no criminal convictions.
There are many professions where getting a... Read more »
This person was accused of driving on suspended license but he's never had an Arizona driver's license. his license from Wisconsin has never been suspended and is not expired until 2024
If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin... Read more »
This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your... Read more »
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 »
There are a ton of different factors that play into this question and answer. Truthfully, your son will need to set up a confidential consultation with a lawyer to answer this question. Some different factors that play into this situation are when the search occurred during the stop, if your son... Read more »
In short, you should plead not guilty because the burden of proof is on the State to provide that you were intoxicated at the time you were driving. Keep in mind that in order to be convicted of a DUI all that matters is if you were under the influence of alcohol -- not that you believed you were... Read more »
I am currently in the process of getting charged w a Super Extreme DUI in Arizona...I have a prior Disorderly Conduct charge from a couple years ago, will this eliminate the possibility of home detention in place of jail time for me? Am I going to have to go to jail for 45 days like it says?
This is a really good question to speak in confidence with a lawyer about. As a lawyer, we have to advise you that you could possibly face the maximum sentence but there are always different things we can do to get the sentence reduced. A lawyer will also be able to tell you how good your case is... Read more »
Lawyer has been completely unreliable.
First, I am sorry your attorney has not given you confidence. It is hard enough to face criminal charges, but not having an attorney who you feel is in your corner is unbearable.
Second, you should always give anything you need the Court to see to your attorney first. It is not advisable... Read more »
In Arizona, there is not a way to remove a DUI from your record. You can have your DUI record "Set Aside". The process isn't very fast but you have to complete probation then submit a "Set Aside" motion and wait for a judge to grant it. Someone judge will make you wait a... Read more »
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 »
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 »
You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.). Whether you believe you were... Read more »
You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.) but once you open your window and... Read more »
Yes you will need legal representation. DUI in Arizona carries mandatory minimum jail time. If you cannot afford an attorney, an attorney will be appointed to represent you at little or no cost.
No. If you were not involved in the incident as the driver or the person who committed the offense you will not face any consequences on your license. It is common to drive other people's vehicles (family members, etc) and just because someone else gets in trouble using your vehicle it... Read more »
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