4/22/16 In a recent Arizona Court of Appeals Division One case the defendant was charged with and convicted for multiple Aggravated DUI charges, including being convicted of Aggravated DUI for Driving Under the Influence while his license was Revoked and separately, While Required to have an Ignition Interlock Device (IID).
The court of appeals reversed the conviction for the DUI While he was Required to have an IID. The actual IID notice from the MVD stated he must have an IID “installed on any motor vehicle that you operate for 12 [m]onths from the date that your driving privilege is reinstated or from the date we receive the report of conviction, whichever occurs later.” The Court said since defendant had not yet reinstated his license after a revocation, the IID requirement had not yet taken effect and so he could not be convicted of DUI in violation of the IID requirement. However, the decision did not necessarily benefit the defendant because the court held he could still be convicted for Aggravated DUI While his License was Revoked, and so the conviction for that charge was upheld.
The case is State v. Reggie James, 1 CA-Cr 15-0002, and can be found at:
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/CR%2015-0002.pdf
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