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Cary L Lackey

Cary Lackey’s Answers

702 total


  • 2nd dui, 1st one was 6 1/2 y/ago. This one is aggravated. I am contemplating leaving the state to avoid all of the costs

    1 extreme dui 6 1/2 years ago. Never any other arrests.

    Cary’s Answer

    Why is this latest one "aggravated," and thus, a felony? Did you never get your license reinstated after your first DUI 6.5 years ago? Was there a child under 15 in the vehicle with you when you were arrested this time?

    If the offense is, in fact, a felony, you will be extradited back from whatever state you are found in, if a police officer ever runs your information through the national criminal database (NCIC), which officers almost always do.

    Running away from a problem does not solve it. Face the matter head and with an experienced, Arizona-licensed criminal DUI/Traffic attorney by your side.

    See question 
  • Should I get a lawyer for a criminal speeding ticket for my 17yo?

    She was cited for driving 102 in a 75 and her brother was not wearing a seat belt in the back seat. This is her first offense. We plead not guilty at her arraignment and the pre-trial conversation is scheduled for Aug 11, 15

    Cary’s Answer

    YES! Your daughter MOST CERTAINLY needs an attorney to represent her! Depending on the prosecutor and/or the Court, she could be looking at jail time. I am curious, was she cited for Excessive Speeding or Reckless Driving, or both? She could also, potentially, be looking at a felony Endangerment charge, but it looks like it's, thankfully, just a misdemeanor.

    If she's REALLY lucky, this will be in Juvenile Court, but it's most likely been cited into a City or Justice Court.

    You and she need to tread carefully here; you need an experienced, Arizona traffic-law attorney to assist her.

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  • 3 counts 13-1816D removal of theft detection device. First offense. Is there a chance of reduction to misdemeanor and probation?

    no convictions before like this ever.

    Cary’s Answer

    I agree with both of my Arizona licensed colleagues; without knowing more about your case, on its face, a person charged with a Class 6 felony with no prior convictions stands a reasonably decent chance of having the matter pled down to a misdemeanor (or at least to an open designation where a misdemeanor can be earned).

    If you can, you need to hire an experienced, Arizona-licensed attorney as soon as possible to help you achieve the goal of reducing this felony to a misdemeanor. If you cannot afford an attorney, one will be appointed to you by the Court since it IS a felony.

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  • I have court in a few hours for criminal damage and domestic violence. Is there any way to get all my charges dismissed?

    I was involved in an incident..... my husband and I were arguing. I have postpartum depression and hadnt been handling my emotions to well so threw a game console not at anyone I was the only person in the room. It triggered my husband to lay hi...

    Cary’s Answer

    PLEASE refrain from posting further comments on an open website that prosecutors and police detectives have access to!

    You need an experienced, Arizona-licensed criminal defense attorney, and you need one NOW. If your husband broke your finger, he could be looking at potential, felony Aggravated Assault charges (AGAIN, please do not post additional comments with regard to this incident online).

    Many experienced, Arizona-licensed criminal defense attorneys, including myself and the other Arizona attorneys who responded to your question, offer free, 30-minute initial consultations. You AND your husband should avail yourselves of one immediately.

    As the other attorneys have opined, all of your charges are not going to just magically get dismissed because you want them to. The scenario you have laid out in your question is going to take some delicate legal maneuvering to get you the best possible outcome.

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  • What is the consequence for street racing first offiense?

    I have a ticket for street racing, when I was not, because I accelerated quickly at a light.

    Cary’s Answer

    You are looking at 8 points towards your driver's license if you are convicted of Exhibition of Speed, and MVD receives the notice from the Court (which they WILL send over). 8 points WILL suspend your driver's license, subjecting you to mandatorily attend Traffic Survival School ("TSS") where you MAY be able to then receive a provisional license to drive.

    Obviously, the stakes are EXTREMELY high here. You need an experienced, Arizona-licensed traffic law attorney who understands both the criminal and administrative (MVD) law aspects of your case. Many such attorneys, such as myself, offer free, 30-minute initial consultations. You should avail yourself of one.

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  • What is Statute of Limitations on driving on a suspended license in Arizona?

    I pleaded no lo contendre , served jail time , fines, and did community service. The original offense was about 15 yrs. ago. I need my license back to make a living.

    Cary’s Answer

    The Statute of Limitations is NOT the issue here, as you have already pled and been sentenced; Statute of Limitations are only applicable as deadlines for the State to bring actions against persons for certain classes of crimes (misdemeanors and felonies).

    WHY is your license suspended? If it was for a DUI, have you satisfied ALL of the requirements (court and MVD) that were imposed on you 15-years ago? If not, you're not going to get anywhere and you need to complete whatever requirements that you have remaining.

    If your driving privilege or license was REVOKED, then you need to contact MVD for a Revocation Packet. Complete the Revocation Packet (along with ALL of its requirements - including a letter from your alcohol/drug counselor - if your driving privilege/drivers license was revoked for a DUI) and go from there.

    The bottom line is that you can't "wait out" a conviction and its requirements; if you pled guilty and promised the Court and/or MVD that you were going to do something, you HAVE to do it.

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  • How bad do you think a sentencing will be for "possession with intent to sell" for 3 pounds of Marijuana?

    It is a first time offense, clean record and it was brought in from California to Arizona. The bond was set at 100,000

    Cary’s Answer

    Assuming that this is a case pending in a Superior Court of Arizona (rather than federal Court in Phoenix or Tucson), 3 pounds is over the "threshold" of 2 pounds (or about 1 kilogram) of marijuana. This is important, as any amount over the threshold makes the person subject to MANDATORY prison (no probation), IF the person were to be found guilty at Trial of the offense, or if the person pled guilty to the offense at any weight over 2 pounds.

    As my esteemed colleagues have continually (and correctly) pointed out, this person needs an experienced, Arizona licensed criminal defense attorney, and this person needs that attorney NOW. The stakes are high, and Arizona is not Mayberry.

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  • My wife was arrested for probation violation, only time, they are saying they want to revoke her probation what does this mean?

    My wife told her PO that she had gotten. 2 tickets for diving on suspended license that she was informed was valid numerous times. She has been on probation for almost 2 years with problems. Now they want to revoke her probation. Does this mean if...

    Cary’s Answer

    Mr. Allen is spot on with his answer.

    If the PO is asking the Court to revoke your wife's probation grant, that means that he/she wants your wife to go to prison.

    If the original plea offer was 6-months Jail OR 3-years of probation, and she took the probation, that does NOT mean that she now gets the 6-months of Jail back (UNLESS this was a misdemeanor probation plea).

    Everything turns on WHAT class of felony did she plead to. As Mr. Allen opined, if it was a Class 6 felony, the presumptive, or usual, sentence is 1-year in prison (NOT Jail), minus any Jail time she may have accrued during her time on probation.

    Lastly, what the PO recommends to the Court is NOT necessarily what the Judge will ultimately do. Your wife needs an advocate (attorney) to argue for reinstatement to probation, or maybe termination of probation with a sentence LESS than the presumptive one.

    Many attorneys, such as myself, offer free 30-minute initial consultations. You should avail yourself of one. If you and your wife cannot afford an attorney, the public defender has (probably) already been appointed to represent your wife and yiu should consult with him/her.

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  • Can I get a fingerprint clearance card with a scratched charge?

    On 06/02/14 I was arrested for child and adult abuse. It sounds really bad but I was at work and I had my mom watch my children.My son got out of the house and fell asleep under a car. Because,my mom had a stroke 2 years prior they arrested me for...

    Cary’s Answer

    Go ahead and apply for the card. What have you got to lose?

    Understand, however, that the State still has 6 more years witchin which to charge you with felony child and/or elder abuse (since this happened over 1 year ago).

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  • AZ - Extreme DUI - Car Accident, No Other Cars/People Involved

    A relative of mine was involved in an Extreme DUI car accident where he wrecked his car and took out a light pole in the process. He was hurt in the incident and was sent to the hospital. Papers say he was "arrested," yet he was released from th...

    Cary’s Answer

    My esteemed colleagues, Messrs. Zachary, Allen, and Black have all provided you with excellent information and advice. Since you describe the offense as an "Extreme DUI" and the blood alcohol content was over .200 (which is actually a "Super Extreme" DUI), I am going to assume that this was charged as a misdemeanor offense.

    As Mr. Black indicated, your relative may have been given a ticket with a date/time/location to appear in Court written on it by the police officer at the scene (or hospital). Otherwise, he can expect a summons to appear via certified mail very soon.

    Who determined the blood alcohol content? The hospital?

    For misdemeanor DUIs, it is very common for the officers to cite and release suspects, even in Extreme DUI situations, so long as the person is released with a ride home (taxi, relative, etc.)

    As my colleagues have all opined, your relative needs an experienced, Arizona-licensed DUI attorney, and he needs him/her NOW. All of the attorneys who responded, including me, offer free initial 30-minute consultations. Your relative should avail himself of one as soon as possible.

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