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Scott C Silva

Scott Silva’s Answers

72 total


  • Can I take TASC for cocaine possession if I took it for a prior 1st offense DUI

    i was recently charge with minor amount of cocaine possession, taken to jail, released the same night and no ticket issued... Very confusing. If I took tasc for a DUI nearly two years ago am I ineligible?

    Scott’s Answer

    You may still be eligible for TASC if the case is ultimately filed. Depends on the facts and all of your criminal history. But I expect something else may happen first...you are going to get a call from a police detective offering to help you in exchange for information. That has become common and may be why you have not been charged yet. Either way, you should consult with an attorney. Good luck.

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  • I signed a plea last month for 1 year in DOC the judge deferred my sentence for a PSRI. The probation officer is going to

    recommend probation . In the first paragraph my plea agreement states that probation is available, But then in the 3rd paragraph it says if it involved methamphetamines that mandatory probation is not available and then the 4th paragraph it stip...

    Scott’s Answer

    The probation "is available" part of the plea agreement is not really the important part. Look to the stipulations paragraph. If it says you stipulate to 1 year in DOC then the judge cannot accept the plea and give you probation, even if the probation officer recommends probation. But, the judge can reject the plea and everything starts over. Judges don't often reject pleas, though. Sounds like your plea may have you locked into 1 year in DOC.

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  • In Maricopa County, Arizona, how do I satisfy the interlock clause if I Don't own a vehicle?

    My DUI was a felony and I went to DUI prison for 4 months. The conviction was in 2004. I got off probation in 2007.

    Scott’s Answer

    In Arizona, you can put the interlock device on anyone's vehicle--with their permission, of course. It does not have to be your vehicle in order for you to get MVD credit for it.

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  • I was arrested "DUI impaired to slightest Degree" and "DUI .08% or above" in Arizona

    So I made a bad call and got behind the wheel intoxicated. I was pulled over for speeding on road (not freeway) for going 80 in a 50. I honestly have no idea how I got that high on my speed so fast but I can only assume its because I have to press...

    Scott’s Answer

    Probably won't be charged with anything worse. Endangerment is sometimes charged when you are on a freeway or an accident occurred. Those are not the facts here. But if your BAC level is high, you could be charged with Extreme DUI, which is a misdemeanor, but involves more punishment. Depends on your actual BAC level.

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  • Am I eligible for a restricted license if my driving privileges have been revoked after DUI conviction?

    I was convicted of a first offense, misdemeanor DUI. My driving privileges were revoked for 1 year, I imagine because of a reckless driving conviction I received over 5 years ago. My research online looks bleak, but is there a process for appealin...

    Scott’s Answer

    Depends on why your license was actually revoked for 1 year. If it was because this was a Drug DUI, then no, you probably cannot get a work restriction. If it was because of a refusal to take the chemical test, or because of your prior history, then yes, you may be able to get a work restriction if you get the IID installed on your car. Talk to the MVD about this and they should be able to tell you if you are eligible for that.

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  • I AM BEING CHARGED WITH A DUI. I WAS NEVER INFORMED OF ADMIN PER SAY, OR ASKED FOR ANY TEST. I NEVER WAS GIVEN ANY TO SIGN. AZ

    I WAS INVOLVED IN AN ACCIDENT. THE OFFICER FELT I WAS DUI. I WAS TRANSPORTED TO THE HOSPITAL. AT THE HOSPITAL I WAS ISSUED A CITATION FOR NO INSURANCE AND SPEED GREATER THAN REAS. TO AVOID COLLISION. THERE WERE NO VIOLATIONS FOR D.U.I. ON THE TIC...

    Scott’s Answer

    In addition to what the others have said, I would add that a you may have a significant legal issue in your case if your blood was taken by the police without your consent and without a warrant. Although there is a law in Arizona that allows for such a seizure, that law is now suspect given a recent U.S. Supreme Court case. If blood was taken by the hospital and given to the police, that may be a violation of your constitutional rights. Consult with an attorney regarding this issue.

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  • Arrested as a juvenile for drug charges

    I have a friend who just got off juvenile probation and he was on for 2 years cuz he would violate his probation he recently successfully completed probation and 2 months later he gets pulled over and they charged him with 3 counts of paraphinelia...

    Scott’s Answer

    Yes, there is a good chance he will end up in adult court. If he is only charged with personal possession then he may be able to avoid a felony conviction, depending on the facts of the case. There is no mandatory jail sentence, assuming there was a small amount of marijuana involved. He may even be eligible for a drug program. Consult with an attorney or wait and see how he is ultimately charged.

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  • Will I be able go get my license back if it was revoked in 2008 for a dui for marijuana.

    I got 2 drug charges 1/1/13 one for possession of narcotic and marijuana. Got the charges suspended because I took the plead they gave me the tasc diversion program so I haven't been using also I got my medical Mj card but I can not use it because...

    Scott’s Answer

    Misdemeanor Drug DUI convictions normally cause you to lose your license for 1 year. Assuming there is nothing else holding your license up, you should be eligible to get it back. Check with the MVD and ask them what is holding up your license. It is the MVD, and not the court, that controls your license. Your may simply have to go through the license reinstatement process. Good luck.

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  • How do I clear up a warrant in AZ when I live in another state?

    Five years ago I lived in maricopa county. I moved to another state and received a letter stating that I needed to appear in court for a situation that happened. It was a misdemeanor for I think trespassing. I was having a hard time trying to get ...

    Scott’s Answer

    As the other attorneys said, most misdemeanors can be handled out of state if you have an attorney representing you. It will definately be easier for you with an attorney, although I know that involves paying a lawyer. Your other option is to fly here and go and see the judge. But the case will still need to be resolved, either with an attorney, or with you representing yourself.

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  • I had let my brother use my truck and it has an interlock and he failed it would he be charged?

    the judge told me that he needs to write a letter and to be notarized that he was the one that failed it, i was not in the truck at he time i just let him use it what will happen on his behalf?

    Scott’s Answer

    I agree with the other answer. Nobody should ever write a notarized letter admitting they possibly committed a crime! Your friend should consult with an attorney and come forward with information only after he has discussed the matter with an attorney.

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