Gordon Thompson
A defendant’s Aggravated DUI and Theft charges were properly joined for trial. The Facts The Tempe Police Department received a report of a stolen vehicle. The vehicle was reported to and be in a certain area. The police stopped the vehicle and eventually the defendant was identified as the driver. The defendant appeared to be…
DUI case studies provide practical insight into how particular DUI cases are resolved. These case studies are for misdemeanor DUI cases only. Felonies are far different and are not discussed in the case studies. Real Life Situations These DUI case studies are important because they are real-life situations. The studies not just hypothetical possibilities.…
Arizona Wrong Way DUI Law In 2018 the Legislature added a new felony DUI offense, 28 A.R.S.§ 1383.A.5, Driving the Wrong Way on a Highway While Impaired. The mandatory minimum sentence includes 4 months in State Prison. If an impaired driver is driving the right way the minimum penalty could be 1 day. If the…
Defendant’s 2 Agg DUI convictions upheld but sentence reduced State v. Seantain Leroy Cook Seantain Leroy Cook appealed his 2 aggravated DUI convictions. The basis for the cases was driving with a suspended license in two separate DUI incidents in 2021. The DUIs were first charged as misdemeanors in a municipal court. Mr. Cook’s suspended…
Legal residents are now generally not deportable for one Arizona misdemeanor DUI conviction. Legal residents can be deported for one DUI if it involves Controlled Substances, and these substances include Marijuana and Prescription Medications, even if legally prescribed. Arizona Felony DUIs Arizona Felony DUIs may lead to deportation, particularly if the felony is for DUI…
Out of state drivers are subject to harsher DUI license penalties than Arizona drivers. Privilege & Immunities Clauses Driver-licensed residents of all states have a “Privilege” to drive in all other states. The “Privileges & Immunities” Clause (P & I) to the U.S. Constitution creates the “Privilege”. and in Arizona under the P & I…
The Arizona Department of Transportation (ADOT), Motor Vehicle Division (MVD), is required to notify customers in writing of actions taken against their Arizona driver license -OR- privilege to drive in Arizona (for those licensed in another State). Unfortunately understanding those notices is not always easy, even for professionals, and here we will help you figure…
A person convicted of a misdemeanor DUI has several post-convictions right which may mitigate the harshness of the sentence. These rights are separate from an appeal which is governed by other court rules. Several of the post-conviction rights are listed below. Right to Post-Conviction Relief If you were convicted for a criminal offense and…
Based on a recent change in MVD procedure, a DUI Admin Per Se (.08%) or Implied Consent (Refusal to Submit to Testing) Suspension now triggers a CDL disqualification even if there is no court conviction or even a DUI case filed. As of the date of this post (February 13, 2025) the Arizona MVD is…
A day in jail for an Arizona Misdemeanor DUI is supposed to be at least 8 hours but it may not. Years ago, 1 day meant 24 hours but the legislature changed it to say “1 day” and not “24 hours”. Depending on the county 1 day could be much less than 24 hours.…