AGGRAVATED DUI IN ARIZONA?
OK FIRST OFF I HAVE BEEN GIVEN A PLEA BARGAIN FOR 4 MONTHS IN THE COUNTY JAIL WITH WORK RELEASE. I SIGNED THE PLEA BARGAIN BUT IT HAS'NT BEEN ACCEPTED SO I COULD STILL BACK OUT OF IT AND TAKE IT TO TRIAL. I WANT TO KNOW IF ANYONE THINKS IF THE NEXT PLEA BARGAIN WILL BE BETTER OR WORSE. I HAVE DONE REASEARCH WITH SOME ATTORNEYS CAN GET THE AGGRAVATED FACTOR TAKEN AWAY AND JUST CHARGED WITH DUI OR EVEN A DISMISSAL BECAUSE THEY CHALLENGED THE PROSECUTION. BUT I CAN'T AFFORD AN ATTORNEY SO WANT TO KNOW IF ANYONE HAS ANY ADVICE. BECAUSE I HAVE TO GO TO COURT TOMORROW MORNING. THIS IS MY LAST CHANCE TO BACK OUT OR ACCEPT THE PLEA AND GIVE UP MY RIGHTS.
Can selling my car be an option after a DUI to have less to finance?
I live in Arizona, and am almost certain I will be convicted of my 1st DUI. I know I am facing numerous fines and fees, community service, possibly the installation of an interlock ignition device (can't find the same answer, some say yes, others no), and am dead broke. I have a clean record, I'm a full time student, and know that my parents are not an option financially speaking. The insurance costs are what are truly frightening me, but after understanding what I could about the SR22, I wondered if selling my car would help. After all, there's no way I'll be able to afford insurance on it with my current bills and the amount of money I'm making. Would I still have to have the IID installed? When should I consider selling it? If anybody knows anything that could help me out....... I'll be extremely grateful.
In arizona, dui and legal experience please?
I had a DUI 3 1/2 years ago, I needed to install the ignition interlock to my car but never did. I got pulled over on 11/2011 and got a DUI ticket. The reason I drove was because my dad was falling asleep and since it was already 4 a.m. and I had stopped drinking since before 12 I decided to drive because my dad couldn't keep his eyes open. Now that day I was terribly sick, drowsiness and headache and soar throat. I drank Robitussin for cough and cold and had been eating those cough drops from Halls if I remember correctly. The day was not in my favor for it was Sunday and semi-foggy. I got a DUI ticket with a bac of 0.13. I know it seems high but since I stopped drinking since before midnight that's more than 4 hours after eating burgers and fries I did not feel drunk at all. My ticket is for DUI with slightest degree and DUI bac over. 08 and under driving privileges restrictions he wrote down none after he had pulled out my records. I don't know if I still have my license suspended for I never installed ignition interlock but if he didn't put it in the driving privileges restrictions can use that in myself favor? Also will the Robitussin and cough drops plus the weather help me out? Thank you
Is it true that in Arizona, if you drink a beer at home and drive; you are the open container?
Whoever told you that is an idiot.Here’s Arizona’s open container law:Arizona law prohibits any person from possessing an alcoholic beverage in a vehicle if:the beverage is open or has a broken seal, orthe contents of the beverage have been partially removed.The restriction applies to all vehicles located on a public highway or right-of-way and all persons within the vehicle, including the driver and passengers.Alcoholic beverage. Arizona defines “alcoholic beverage” to include any beer, malt beverage, wine, distilled spirits, mixed drinks, and effectively any beverage of at least .5% alcohol. So, some open non-alcoholic beers and mixers might be allowed.ExceptionsCertain vehicles. Arizona’s open container law isn’t applicable to passengers riding in certain types of vehicles, including statutorily authorized limousines, taxis, and buses. Riders in the passenger areas of these vehicles are permitted to possess and consume alcohol. And Arizona recently amended its statute to include an exception for “Transportation Network Company” vehicles. These are vehicles operating under rideshare apps like Lyft or Uber that provide for-hire transportation.Areas of the vehicle. Arizona’s open container laws are intended to apply to the passenger areas of vehicles. So, the restrictions aren’t applicable to items in a locked glove box, the trunk of the car, or behind the back seat (if the car doesn’t have a trunk) as long as they are not readily accessible to the driver or passengers.FinesAn open container violation is a class 2 misdemeanor in Arizona. A conviction will result in a fine of up to $750 and a maximum four months in jail.Arizona’s Open Container Laws, Penalties, and ConsequencesNow, if you drink a beer at home and then are stopped and checked for DUI, you are not an open container. If you blow over 0.08% or more, forget open container, you are screwed. Arizona is no tolerance.For a 1st offense of a standard DUI, you may face:10 days in jail.A fine of $1,250.Required completion of an alcohol/drug screening, treatment, and education program.An ignition interlock requirement for every vehicle you drive.Community service.Arizona DUI & DWI Laws & Enforcement | DMV.ORGI’ve known people busted on a first offence and they have all gotten the interlock and a fine and one did get jail time.So basically, don’t drink anything and drive in Arizona. And if you have an unfinished bottle of wine or liquor, put it in your trunk.
Does New York extradite people to Arizona?
You do not extradite people "to" a state, you extradite "from" the State. If Arizona wanted him back they would have to extradite him from New York. Arizona would not extradite him for traffic offenses, minor drug offenses, and a probation violation, from New York. However, they can complicate his life considerably. First, they would enter a warrant into the NCIC system for the above offenses, but the warrant would limit extradition to bordering states. Then they would suspend his drivers license, until he returned to Arizona to answer the charges against him. In New York, he would not be able to get a drivers license, since the NY DMV would see the suspension on file out of Arizona. Without a drivers license, it might be hard to get a job. Almost any employer does a basic background check nowadays. The outstanding warrant and charges would be easily seen. That limits employment opportunities even further. It would be simpler for him to simply ask his case manage if he can move to NYC. They might be glad to get rid of him. AND, no, I did not put a thumbs down on anyone. . .
Can a cop really give you a DUI for sleeping in your car while intoxicated?
Yes, but that does not mean police can approach anyone who is sleeping in a car, wake them up and then arrest them. Those who are lawfully parked, engine off, and are not exhibiting any signs that they are in medical distress will have many defenses to the DUI charge even if arrested.That is because of the Fourth Amendment. Police must have a lawful basis to believe a person is committing a crime (or perhaps in medical distress under the community caretaker doctrine) in order to detain them and initiate a criminal DUI investigation. For example, if the officer knocks on the window and directs the person to roll their window down, then that may be considered a seizure and therefore any subsequent evidence obtained could be suppressed or considered inadmissible.However, those unlawfully parked, or who fall asleep in a drive thru line are most susceptible to a DUI arrest even if they are not actually driving the car. If you are going to truly try and sleep it off, it’s best to toss the keys in the trunk, turn the engine off and hop in the back seat and lay down. Otherwise, get a room. For more info on DUI’s, go to the DUI FAQ .
Underage DUI?
hello i have gotten a dui while i was on good behavior last year, i was 16 at the time and since the night of the incident i was placed in house arrest it has been 7 months while being drug tested i have always had a clean sample and am now getting tried this month. i back the car into a lake and wasnt even driving the car for a minute and was 3 times the legal alcohol limit. i am wondering what i should expect the courts has denied drug court and i am wonderiong what punishment i could get ? all answers are appreciated
Can a driver get a DUI if the Tesla Model 3 is running on Autopilot?
I see that this is an old post/question, but as a DUI attorney, I thought I’d chime in.I actually just did a lot of research on this topic and wrote an article on whether you can get a DUI in a driverless or self-driving car. The short answer is: Yes, with today’s technology, you would almost certainly receive a DUI if you attempted to ride in a self-driving vehicle while intoxicated or impaired.The reason for this is that the current crop of self-driving cars still require too much interaction with the occupants. Even if there’s no actual “driving” taking place, there is almost certainly “operation” or “actual control.” In order to activate the car and ready it for travel, a human must turn the ignition key, press a start button on the dash, or press a start button on a fob. This is considered “operation” in nearly every state. Furthermore— once the vehicle starts moving— I’m not aware of any state which allows self-driving vehicles to head out onto public roads completely unmanned. Typically someone must sit in the driver’s seat for emergencies or manual override (e.g. corrective steering, braking, etc). If that person is impaired, they can receive a DUI. Tesla actually recommends—if not requires— that “passengers” in the Tesla models with Autopilot remain in the driver’s seat. Theoretically, if there was someone else in the driver’s seat and you were truly a passenger in the back seat with no ability to operate the vehicle, you would likely be safe from the crime of DUI.An example of this would be Uber’s self-driving vehicles. The Ford Fusions they rolled out in Pittsburgh last year have a trained driver in the driver’s seat to take over in case the driverless features don’t work. Unless an impaired passenger were actively to interfere with that arrangement, they could ride around drunk all night from bar to bar. Just as millions of drunks have done for decades in standard taxi cabs.
Is it possible to get DUI charges dropped?
Here’s the thing: I finished drinking with a group of people at 1am AZ time. I then decide to jump in my car (feeling okay to drive, at the most, 4 miles to get home. Needless to say, I get pulled over and charged with a DUI. I feel fine sitting down, just releasing clutch and pushing gas. Anywho, from a stoplight I accidentally popped the clutch and floored the gas to avoid stalling. No big deal, except that I was doing 54 in a 35. Got pulled over and long story short, charged with a DUI. Now, when conducting a breathalyzer, I blew a .15-something and then a .14-something. The officer admitted on body cam that I released air from the air valve and my mouth during test which could have made the test inaccurate. What is my legal defense if any?
How does a DUI defense attorney save us from wrong charges?
A defense attorney is a highly experienced legal practitioner, who has extensive knowledge about the various legal aspects of criminal cases. The legal knowledge and experience that these lawyers have enable them to save their clients from wrong criminal charges. The DUI defense attorneys are acquainted with the state laws of driving under the influence crimes and frame their case in a manner so as to prevent the individuals from getting punished or penalized for wrong DUI charges. The ways by which these lawyers defend DUI convicted individuals are:Legal competency Court trial experience There are many such lawyers or DUI defense attorneys in DC, who provide highly competent legal assistance to people in this regard. You can get the details of these attorneys from the various internet sources.