My client S.N. came to me with a second offense Super Extreme DUI case in Mesa Municipal Court (28- 1382.A.2, .20% or Above). The mandatory minimum sentence for this case would have been 180 days in jail, and work release was not available at the time due to Covid. The judge could have sentenced my client to 36 days in jail without work release & 144 days on home detention. Instead of 180 days in jail my client got 4 days. Using my knowledge of case law and experience, I was able to get the client a much more favorable result.
Work Release For Jail and Home Detention
Home detention allows the person to go to work while serving a portion of the jail sentence. A Disqualifying factor for home detention is a prior violent offense, and my client had a prior manslaughter conviction for which the judge could deny home detention. If so my client could have gotten 180 days in jail, and without work release which was then not available. My client’s wife had just had a baby, and if he went to jail for 180 days this would have left mother and child without any means of support.
Comparing Out State DUI with Arizona DUI Law
My client’s first case was from another state, and this is where my 47 years of experience as a DUI Lawyer in Phoenix, Arizona matters. This is not the first time an out of state DUI conviction issue has come up for me. A prior DUI conviction is not a prior for Arizona if the crime is not exactly the same in both states. The test is just looking at the elements of the other state law, if someone violated that law would they also have violated Arizona’s DUI law if done in Arizona? If there is a way to have violated the other state’s law without violating Arizona’s law then it is not a prior conviction.
Definitions of “Vehicle” Make Deciding Difference
For this case I saw the other state’s definition of “vehicle” was different from Arizona’s. In the other state you could get a DUI on a bicycle but in Arizona you cannot. I made a motion in court to strike or prevent the state from using the prior conviction. Without the prior conviction the case would be a first offense, and for a first offense the sentence could have been 23 days in jail and 11 days on home detention. After listening to our arguments, the judge granted my motion.
Case Outcome, 4 Days Jail and not 180 Days
The client then pled guilty to a first offense .20% Super Extreme DUI and got 4 days in jail and 15 days on home Detention. Though the prior Manslaughter conviction should have prevented home detention, the State did not object to home detention and so the client got it.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/