He is fortuante if he is only facing misdemeanor DUI charges. Technically, the law states that he could be charged with felony Aggravated DUI if he received a DUI while his license is suspended. Typically, the County Attorney only charges the felony if the suspension is DUI related, however, I have seen many instances where they charge the felony DUI even on non-DUI suspensions. If this is his first DUI then he is likely facing the minimum 10 days of jail with 9 suspended. However, this...
You have several issues going on here. First, was this proper service? Does your mother live with you? If so, they can serve you by serving her. This would be proper service, and if so, you must answer the ticket or face possible default. The second issue is if this was a civil ticket or criminal speeding. It sounds civil since you were not going 25 mph over the legal limit and not over 85 mph so my guess is that it is civil. If so, you may have an option to attend driving school in lieu...
I would agree with the other attorney's answer. You need to get hold of the Public Defender ASAP and find out what is going on. Also, make sure to hold on to those notices of "vacate" in case you need them.
When you receive the ticket, there will be section that asks if this was you and asks that you also send in a valid picture id. That's all you will have to do. They will also ask if you know the driver, but you don't have to fill out that section. Good Luck.
Not likely - an officer has descrition whether to issue the ticket - however, once the ticket is issued, its issued and the judge wouldn't toss it based on your facts. The question is, have you answered the ticket, i.e., gone to court? If it is a photo-radar ticket, mailing the ticket to you is not proper service. They must serve it in person or obtain leave from the court for alternative service. You don't have to answer a ticket sent to you in the mail. Of course, if they do manage to...
There is no clear answer. They very well might. It's all a matter of resources. In order to attempt alternative service (something other than a process server) - they first need to attempt to serve you in person. They may also get a process server, in which you will be in the clear in about 120 days.
If this is your first time with this type of charge, it is likely that you may receive a diversion offer. What that means is that you enter a "shoplifiting diversion" program which consists of a number of classes. At the successful completion of your program, your case is dismissed.
Your thinking is correct. Arizona will just follow the same sanctions as California imposes - they will not impose harsher sanctions. Plus, Arizona has no jurisdiction to charge you with a new crime. MVD can take adminstrative action against your license, but you can't be charged with anything.
If you successfully completed your probation, you should very easily be able to get your 6 open designated to misdemeanor. As for the class 4, we don't have "expungement" in Arizona. Instead, we call it a set-aside or vacating the judgment. It works like an expungement, however, it will show up on a criminal history background, only it will say "vacated". You will have no felony conviction at that point, however. If you would like to talk further, please contact our office.
He should be entitled to an attorney for Post Conviction Relief or Appeal, whichever may be the case. They should have the application for him at the facility where he is being held. He needs to fill it out and file it with the Court. New attorney should then be appointed that can file those types of claims.