Zachary Divelbiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2018

Yes/Maybe - but you should speak with a lawyer as soon as possible to ensure that happens. After you have been cited, you must challenge the MVD's admin per se within a certain amount of time, at which point you will be able to extend/prolong/dismiss the suspension. f not dismissed, you will... View More

Yes, pursuant to A.R.S. 28-1381(I)(6) requires the court to report the conviction to MVD and the department will send you a letter requiring you to install the ignition interlock for 12 months pursuant to A.R.S. 28-3319 and show them proof of it. You will also be required to take an -hour traffic... View More

Yes, a commissioner, judge and a magistrate may all authorize search warrants.

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... View More

It sounds like you are doing what you can to be compliant with the court's orders which is good, but your license reinstatement is handled separately through the MVD. You will need to contact the MVD to figure out what needs to be done to get your driving privileges reinstated.

No. You will still have to serve the jail. Unfortunately, this is a common issue. Go back to the Court and get a new confinement order with a new self-surrender date that is listed correctly. If you don't, you will get a summons for an Order to Show cause or Petition to Revoke Probation.... View More

It is a bit unclear what you are asking. It depends on the type of DUI as well as the purpose the prior is being used for.

Do you have a new DUI and asking whether the old DUIs will increase your sentence? A misdemeanor DUI over 7 years from the date of offense from a present DUI will not... View More

Yes. Often times an officer will pull someone over for a traffic violation etc. and upon contact, determine the person may have been drinking. At that point, a DUI investigation may ensue. If the officer determines there is probable cause for the DUI, the person will likely be arrested.

You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can... View More

You do not need to answer the officer. Anything you say will likely be used against you. I often advise people to say their lawyer has advised them to not answer any questions.

William C. Head Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017

Yes, but every state has implied consent laws. These laws call for ADMINISTRATIVE SUSPENSION< or REVOCATION of your license. Plus, some states, like Hawaii, give you JAIL time, for a DUI refusal.

Contact a HIGHLY skilled AZ DUI lawyer, if you have a pending drunk driving case.... View More

What likely happened is this was a refile. The DUI first time around was probably dismissed pending blood results. Then once the blood results came back positive for drugs or alcohol above .08, the State refiled the DUI charges. A summons and complaint was likely mailed to his last known... View More

This is a place to ask questions of a general nature. Your questions need to be asked of specific Arizona lawyers. Individual attorneys and law firms determine what kinds of cases they take and their fees. Look for Arizona DUI attorneys in the "Find a Lawyer" section of this site. Good luck!

If you have an interlock restriction on your license that means ANY vehicle you drive must have an ignition interlock equipped. Driving without an interlock is a class 1 misdemeanor punishable by up to 6 months jail, $2500 fine, and 3 years probation. That's the absolute maximum.... View More

1. Depends on the state and the charge but generally you may refuse a blood test--but they can get a warrant;

2. No.

3. You can make whatever you want. However the ambulance can't be put in the position of making those decisions so they get to take you if you are unable to verbally direct them.

No. Do not lie either. You do not have to answer the question. Instead simply say: "I exercise my right to remain silent and would like an attorney."

No, the police get to chose. Prior to administering the test; however, the police have to read an advisement regarding consequences of a refusal.

Is this a notice from the court or a probation officer? If it is a condition of probation, or under court order, then yes. Discuss this with your defense attorney.

Public defenders are free if you qualify.

There aren’t many lawyers answering criminal law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer. Good luck with your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is... View More