The letter just said DUI conseling by 05/15. But i dont know if that means to show proof of enrollment or completion.
answered on Jun 1, 2023
Typically, the court will set a sentence review and just needs to see progress towards completing all terms of your sentence unless the sentencing was a long time ago. Part of it depends how long ago you were sentenced.
If the court sees proof of enrollment and progress towards the... Read more »
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.
answered on Apr 6, 2023
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... Read more »
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 ?
answered on Jan 3, 2023
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... Read more »
answered on Dec 24, 2022
If he is found guilty, DUI in Arizona carried mandatory minimum jail time. A first offense extreme DUI with a BAC above 0.15 carries mandatory minimum jail time of 30 days with the judge having discretion to suspend all but 9 days with an interlock. A super extreme DUI with a BAC above 0.20... Read more »
An exforman drugged me and I do not remember anything of that night or 3 days following that. All I remember is waking up in jail. What is the least amount if time I am looking at if it is my very 1st dui, and I am 63 years old?I graduated the salvation army 5 years ago and haven't touched any... Read more »
answered on Nov 28, 2022
Each case is different and you should reach out to a criminal defense attorney immediately to discuss your case. Most defense attorneys (myself included) will talk to you about the maximum sentence, minimum sentence, options and possible defenses for no cost at all. The information you have... Read more »
I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony
charge on the same arrest that I'm... Read more »
answered on Sep 18, 2022
The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »
I requested for an MVD hearing in Arizona, to challenge an implied consent license suspension (for failure to submit to DUI alcohol testing). This automatically stayed my license suspension, pending an administrative hearing.
Per A.R.S. 28-1321(I): "On the receipt of a request for a... Read more »
answered on Jul 6, 2022
This is a good question because according to statute these hearings are supposed to be held within sixty (60) days. Unfortunately, the delay alone will not void the suspension. For the past 2+ years the administrative hearings have typically been delayed past the 60-day timetable. Arizona case... Read more »
I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.
I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »
answered on May 9, 2022
The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.
This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there... Read more »
answered on Apr 27, 2022
Yes! Once you have completed ALL requirements for your DUI conviction, then you can apply for a Set Aside. All requirements means you have completed the jail, counseling, IID (if ordered in an extreme DUI), FINES, and anything else ordered by the judge. Usually most people are on a payment plan for... Read more »
I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.
The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... Read more »
answered on Feb 14, 2022
The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... Read more »
If so will ahcccs cover it or how much is it
answered on Feb 14, 2022
If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... Read more »
I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?
answered on Feb 1, 2022
Likely one of two things are happening.
1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online.... Read more »
I was sleeping parked on the side of the road. No one was hurt, i did get little scratch on the car from scrapping a business gate (very minor). I did comply with the police. They said since I complied with them they will put down that i did comply and made it easier for them. I am trying to see if... Read more »
answered on Oct 11, 2021
We strongly recommend that you consult with an attorney prior to taking any plea offer. Our Attorneys have successfully gotten cases with similar facts dismissed. Our office can get you in with an attorney today. Please reach out to schedule your strategy session. 480 923 9001.
answered on Apr 14, 2021
Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.
Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... Read more »
answered on Jan 12, 2021
Yes you should go. That is a court order.
It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.
Lastly, your cooperation is in no way an admission of guilt.
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 »
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 »
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.
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.
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 »
I failed due to not walking straight said officer but had foot surgery while back so hard to put full pressure on it. I plead the 5th after that and was arrested. The other officer searched my car without my permission and found a pipe what do I do
answered on May 10, 2020
You were correct to plead the 5th, many people fail to assert their right to remain silent.
Unfortunately the court will usually find the search to be lawful since it will be considered a "Search Incident to Arrest". You will most likely be charged with a drug DUI due to the... Read more »
answered on Apr 23, 2020
There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show... Read more »
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