Blog
The starting point for most DUI investigations is the stop of the defendant’s vehicle by a police officer. An officer must have a legally acceptable reason to stop a vehicle. If a judge decides there was not a legally acceptable reason then all evidence obtained from the stop must be suppressed, meaning cannot be used…
A DUI in Arizona is what a jury says it is. All DUI defendants have either a constitutional (Felony) or statutory (Misdemeanor) right to a jury trial. By looking at appeals from convictions we can see the facts that lead to that jury unanimously deciding, beyond a reasonable doubt, the defendant was guilty. We can…
There has been a recent change for defendants sentenced to jail in the Mesa Municipal court. Defendants may now serve their jail sentences again in the Mesa City Jail or the Maricopa County ITR Jail (Intake, Transfer, Release Facility). Defendants who are serving a straight day jail sentence (without work release) may serve the…
Restricted Driver’s Permits and Licenses are available during suspensions or revocations. For the most part this is limited to Arizona licensed drivers. The MVD does not permit drivers licensed in another state to drive while subject to an Arizona suspension or revocation. Although this practice is probably in violation of the U.S. Constitution, it is…
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…
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…