Cary L Lackey's Answers

AZ DUI 'Parked Car' Laws? I was arrested for DUI for sleeping intoxicated in my parked car, what now?

I am an Arizona licensed attorney with experience defending DUI cases. In Arizona, the State must prove that you were driving, or "in actual physical control," of the vehicle. Pursuant to case law, various factors (i.e., key in the ignition, hood of the car warm to the touch, your position in the car [behind the wheel vs. in the back seat], your statements regarding driving, etc.) can be used by the State to show that you were in "actual physical control" of the vehicle. With that being...

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Will my husband face jail time for diving on suspended license?

Driving with a Suspended License is a Class 1 misdemeanor (the highest level of misdemeanor), and is punishable by up to 6-months in jail, a $2500 fine + an 84% surcharge, and up to 3 years of probation. If your husband's license was suspended due to a DUI, jail time (at least 48-hours) is mandatory. From your question, that doesn't appear to be your husband's case. If your husband has been lucky enough to avoid jail on the previous 2 times he was caught, he's probably looking at it this...

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Misdimeanor in AZ. Would pleading not guilty be a good idea?

A shoplifting offense could have serious immigration consequences for your friend. If your friend were my client, I would try to work out a "misdemeanor compromise" with the store (and, ultimately, through the court) or some type of "diversion" program with the prosecutor. Your friend has to be very careful in how she handles thid matter. She should plead "Not Guilty" at the Arraignment, and you should consult with a knowledgable, Arizona-licensed criminal defense attorney who understands...

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Warrants

Short Answer: YES. With that being said, I thought my colleague Craig Orent's answer was excellent. If this is a misdemeanor traffice related offense, generally, warrants aren't executed that often. If it is a FELONY offense, then you are of a higher priority to the Courts and law enforcement. Either way, misdemeanor or felony, you do NOT want to walk around looking over your shoulder constantly because of a warrant. My advice would be to hire an attorney to assist you with quashing...

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How long do they have to charge you with a DUI after being stopped

My colleagues (particularly Mr. Snader, who also practices in Arizona) are correct, the State has 12-months within which to file misdemeanor charges against your daughter, and up to 7-years within which to file a felony charge against her. A web link to the applicable statute appears below. Based on what you wrote, I doubt very seriously that a felony, Aggravated DUI is being contemplated by the State, so she is most likely looking at a misdemeanor charge (DUI and/or being a Minor While...

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AM I facing possible jail time/ beinf charged with a felony?

Yes. Based upon your statements, you almost certainly will be charged with either Theft of Means of Transportation, under an accomplice liability theory, or Unlawful Use of Transportation, both serious felony offenses. I realize this is "after the fact," but you most certainly should NOT have spoken to the police officers or detectives, and should have invoked your right to remain silent and consult with an attorney. Your statements, if not proven coerced, will most certainly be used against...

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Criminal traffic ticket for speeding, 29 mph over the speed limit

In addition to the sound advice and correct statement of Arizona's criminal speeding statute (A.R.S. Sec. 28-701.02), you have the additional problem of dealing with the particular practices of both the Glendale City Court and the Glendale Prosecutor's Office. The Glendale Prosecutor Office, for whatever reason, takes a hard line approach to criminal speeding and very often wants JAIL as a part of any plea agreement. The Glendale City Court, who CAN send you to Defensive Driving School ("DDS"...

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Dui in Ca. w/Ca. DL. Moved to Az. & now have Az. DL. My case is still pending in Ca.

Yes. Arizona and California share MVD/DMV Information (as do most states), so a license suspension in one state will suspend your privilege to drive in another. Typically, the information is transmitted once or twice a month, so there is usually about a 30-day lag. As far as Texas goes, I have no idea. I would suggest consulting with a Texas-licensed attorney familiar with traffic laws and drivers license suspensions. Good luck!

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Is DUI a criminal offense in Arizona?

Yes. DUI in Arizona is a misdemeanor criminal offense in most cases, but it can also be a felony under certain circumstances (such as getting a DUI while your drivers license is suspended for a previous DUI). ALL DUI's in Arizona carry mandatory minimum jail sentences (depending on the type of DUI, as well as the blood/breath alcohol content), in addition to hefty fines, alcohol screening/classes, and the installation of ignition interlock devices. The DUI statutes are actually in Title...

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Hi, I'm a student in the US and I got I ticket (28-737A), I don't know about anything in the US traffic.

Mr. Knost correctly and succinctly laid out the law for you; A.R.S. sec. 28-737 is a civil offense, and you are subject to a fine. You should contact the Court directly to see whether you are eligible for Defensive Driving School (my guess is that you are, provided that you haven't been to Defensive Driving School ("DDS") within the past 2 years). Even with the worse case scenario (the Court does NOT allow you to attend DDS), a civil offense should have zero effect on your immigation status....

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