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Kyle Green

Kyle Green’s Answers

60 total

  • Ticket is for dui, can judge change it to aggravated dui and make it a felony?

    Im 20 and got pulled over. Ticket is underage dui, dui, and suspended license. The officer assured me he was going easy on me and said he only put me down for misdemeanor because I was cooperative. However, Looked it up and saw that since I had su...

    Kyle’s Answer

    If you're charged in a city court or justice court, you cannot be charged with a felony for aggravated DUI. The court lacks the jurisdiction for felony matters. The only way you could be charged with an aggravated DUI is if the case is dismissed and refiled in superior court. Hopefully, for your sake, that doesn't happen.

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  • Can I be convicted of dui in the passenger seat if the police approach the vehicle and release the intoxicated driver??

    I was in the passenger seat of a friends truck leaving the club we were drinking I was extremely intoxicated and didn't realize our DD was drunk too, after we were pulled over the police who noted that the driver was drunk let him go and gave me a...

    Kyle’s Answer

    I agree with my collegue about your case. You have to be driving a motor vehicle or in actual physical control of the vehicle to be convicted of DUI. Your case is defensible under those facts.

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  • I was given a DUI in AZ due to the fact that.Since I have cancer & on Marinol a synthetic HTC that is Legal paid for by state

    I have to take this drug to be able to eat... I had not taken any that day but it can take 45 - 60 days to get of your system. I had nothing but what I was prescribed in my system. they found small amount of my prescription. I dont understand how ...

    Kyle’s Answer

    If you have a valid prescription for the medications in your system, you have a defense to the Drug portion of the DUI. The State can still pursue charges against you under the "impaired to the slightest degree" charge. This charge is all about opinions - whether this drug impaired your ability to safely operate a motor vehicle or not. You have a solid defense to your case and it has very good jury appeal. You need to speak with an attorney soon to help with your case.

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  • How likely is it to get DUI Impaired To the Slighted Degree (BAC=0.057) dismissed in AZ?

    I had a dinner and some sangria with a friend the other night. I was pulled over (less than 300 ft!) for not having headlights on. I thought I did fine with FST even though I was wearing high heels. However, I was arrested after denying to use a b...

    Kyle’s Answer

    Having a case dismissed is not an easy process. However, you have a very defensible case, based on the information you provided. You should definitely look into hiring an attorney to help you fight the case. It will be in your best interest.

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  • Can witness testify at a criminal trial voluntarily if they also live with you or do you have to subpoena them as well?

    Do you have to subpoena witnesses that the State may call, even though they live with you and saw what happened as well? My mother, girlfriend and possibly my grandmother were witnesses that the State listed they may call on my Pre Trial Order, b...

    Kyle’s Answer

    You aren't required to subpoena them as witnesses. If they are willing to come voluntarily and they have been disclosed as witnesses, they can testify with or without a subpoena.

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  • Dismissal of Criminal Damages Class 2 Misdemeanor & should I seek a lawyer if the court isn't asking for jail time?

    The victim in this case wishes not to appear in court to testify. Only evidence the courts have is the police report and victim's report. Could the case get dismissed without the testimony of the victim? I was also told I do not need a lawyer at ...

    Kyle’s Answer

    Anytime you face criminal charges it is worth having an attorney in my opinion. Although the case will likely be dismissed if the victim fails to appear, do know that the State is going to subpoena the victim requiring them to appear.

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  • What would happen if u were involved in a hit & run involving a park vehicles & a police report was made with the people involve

    The police rpt have the description of the vehicles involved in it but the police have not contacted you but the insurance company have 6 months later regarding the incident my question is could you still be arrested

    Kyle’s Answer

    My colleague is correct, you may have a warrant. Additionally, for misdemeanor cases, the state can charge you for up to 1 year for a misdemeanor.

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  • What will I get for my third minor consumption?

    My first one I got a $150 fine and two AA classes. My second I got a court lawyer, $400 fines, and 12 months unsupervised probation.

    Kyle’s Answer

    You could be facing anywhere from a suspended sentence (although not likely), to a maximum penalty of 6 months in jail a fine of $2500 plus surcharge and 3 years of probation.

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  • I need a DUI lawyer super fast by This Thursday.I have 1000 $ to start with, is this realistic/possible, at least to get me ...?

    At least to get me some kind of continuance or more time at least? I have less than two months since even knowledge that this is happening, I have a 5yr. and 15yr old -and this has not been enough time to be able to make arrangements, or even be a...

    Kyle’s Answer

    It really depends on the status of your case. If you're set for trial on Thursday, a continuance might be hard to get. If its just a pretrial conference, a continuance shouldn't be a problem. Some attorneys will accept payments for cases - my firm included. I would recommend contacting a lawyer to help see where you're at with your case.

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  • Hello, I am 23 and I was charged with Disorderly Conduct ( A.R.S. 13-2904.A) in Mesa, AZ next to the Salt River recreation area.

    Hello, I am 23 and I was charged with Disorderly Conduct ( A.R.S. 13-2904.A) in Mesa, AZ next to the Salt River recreation area. I was handcuffed but never read my Miranda Rights, so I am unsure whether or not an arrest was truly made. I would n...

    Kyle’s Answer

    • Selected as best answer

    One of the misconceptions about criminal cases is that being read Miranda rights automatically will get your case dismissed. Miranda is only required if there is a custodial interrogation. Violataion of Miranda will result in any statements made being inadmissible. Sometimes that results in the entire case being dismissed, but it doesn't mean that it automatically will be dismissed.

    It's hard to give you an assessment of fighting the case without sitting down and getting your full side of the story and seeing what a police reports says about the incident. Once an attorney has done that, he or she will be able to give you a better assessment of your situation.

    Also, disorderly conduct is a class 1 misdemeanor. It carries with it a maximum penalty of 6 months in jail, up to 3 years of probation, and a fine of $2500 plus surcharges. A class 1 misdemeanor is considered the most serious level misdemeanor that you can be charged with in the state of Arizona. I highly recommend that you speak with an attorney about representing you in your matter.

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