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Craig Jacob Rosenstein

Craig Rosenstein’s Answers

9 total

  • A friend was charged with DUI over 20 years ago in AZ. She didn't show up for court. She now lives in Iowa. How to clear this?

    She has never had any priors, she has never had any problems since this time. She is unable to get her driver's license and this was over 20 years ago. She would like to know how to clear this up without having to appear in AZ or serve time. Sh...

    Craig’s Answer

    Everyone is basically correct. Since the Nation's MVD's have begun communicating this type of problem has become more common. We often are able to resolve extremely old cases very effectively without our client's ever having to come back to Arizona.

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  • Off road DUI , i live in Arizona and was in glamis and got a DUI , was not arrested and blew over . 08

    I got a DUI on my utv in the desert at glamis . They searched my utv without permission and made me Breathalyzer several times . They did not read me my rights when they cuffed me . I did blow over . 08 they said i never saw it and they said o...

    Craig’s Answer

    DUI's are generally what are known as cite and release charges. That means that the officers gather evidence and then release you sometimes with a ticket with a Court date and other times without any documentation. In the latter cases, they are usually waiting for a chemical test (blood or urine results) to come back and then will file the charges through the prosecutors office. If it is a misdemeanor DUI the State has 1 year to file the charges or the statute of limitations runs.

    Best of luck to you.

    Craig Rosenstein

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  • Can I restore my civil rights for a 1st time felony DUI in AZ if I have not finished paying my court fine?

    I received a felony (1st felony anywhere) DUI in 2007 and have completed all the conditions of my probation, except the condition to complete payment of my fines. I wanted to restore my civil rights but was not sure if I could since I have not fi...

    Craig’s Answer

    • Selected as best answer

    Almost every Judge that we have put this same issue before, will deny the request because of outstanding fines. I would suggest waiting until your fines are paid off before filing any applications, unless extraordinary circumstances can be articulated as to why you absolutely need your civil rights reinstated early.

    Craig Rosenstein
    Rosenstein Law Group, PLLC
    (480)248-7666

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  • My husband is violating his AZ license suspension

    He is currently driving on a work permit but keeps violating his suspension. It concerns me that he violates the parameters of his probation and driving restrictions. What could the penalties be if he were pulled over? He also is renting cars i...

    Craig’s Answer

    If you are driving for a reason other than the limited exceptions articulated (to work and back, to school and back, to medical appointments, etc.) than you are technically driving on a suspended license in accordance with 28-3473. This is a class one misdemeanor. If arrested, his car will be towed and put on a 30 day hold, and he could face all of the consequences of a class one misdemeanor.

    Craig Rosenstein
    Rosenstein Law Group, PLLC
    (480) 248-7666

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  • My Smart Start ignition interlock said "WARN" when I started my car, but I wasn't drinking, what do I do?

    The other day, when I blew into my ignition interlock to start my car, it came up with a "WARN" sign. My car started and I was able to go. I have Smart Start. I never drink, and my DUI was for marijuana. Shortly after, I want to say 5-10 minutes,...

    Craig’s Answer

    The ignition interlock works on fuel cell technology. It can easily be effected by substances other than ethanol that it thinks is ethanol. The most common culprit is fructose or the sugars in fruits. In addition to Mr. Black's sugestions, I would also recomend immediately turning off the car, rinsing your mouth out thoroughly with water, waiting 5 minutes and restarting the car. The purpose is to create a record in case the interlock company reports you to MVD, you will then be able to show that minutes later you had a .000 BrAc (Breath Alcohol Content).

    Craig J. Rosenstein
    ROSENSTEIN LAW GROUP, PLLC
    8010 E. McDowell Rd. | Suite 111 | Scottsdale, AZ 85257
    tel: 480.248.7666 | fax: 480.946.0681
    Craig@RosensteinLawGroup.com | www.Scottsdale-DUILawyer.com

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  • I want to know how my boyfriend could avoid jail time? or if he did have to stay in jail whats the most he would be there for?

    ((PLZZZ I REALLY NEED HELP,)) my boyfriend was arrested for 3 warrants on friday august 27 and they where dismissed by court and now there holding him at durango jail for a dui from 2008 and probation violation (which im guessing is because he got...

    Craig’s Answer

    If your boyfriend is being held at the Durango facility, he is likely a minor. If that is the case, then the amount of alcohol in his system is irrelevant, they only need the presence of alcohol.
    A judge's decision in issuing a bond, is to make the smallest amount necessary to ensure that a person will show up. So you should get the Public defender as much information as possible to show that he has strong ties to the communnity and will show up this time to Court to answer the charges. If you show up as well as other family members, many judges would look favorably on reducing a bond, especially with jobs hard to come by now a days.

    Good luck.

    Craig

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  • Can a dui show up from another state?

    I know someone that got a dui over the weekend and he has one from Florida that was about 15 years ago will that show up if the Da in Colorado looks for it? I just need to know if they can find the past Dui or notarvada

    Craig’s Answer

    Most times the prior DUI will show up if the Prosecuting attorney is doing their job. However, most states have a proscribed look back period. In Arizona for instance, the State is allowed to look back 7 years to be able to allege the prior (not long ago it was only 5 years and Arizona is particularly harsh on DUI arrests). Therefore, despite your friends prior from 15 years ago, the liklihood of it being used against him/her is remote.

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  • Can a peron with suspended licence in california for DUI [2nd conviction in 9 years]. Drive electric scooter?

    Can a peron with suspended licence in california for DUI [2nd conviction in 9 years]. Drive electric scooter?. I found a scooter for my husband because he has AA classes, DUI classes to attend and getting around is very hard for him. Can he buy a ...

    Craig’s Answer

    The short answer is no. Loss of license typically disaalows use of all mechanized transportation devices. Registration with the MVD is not the criteria in which the analysis is done (although I agree it should be).

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  • DUI /Probation Violation consequences

    I am in the 10th month of a 36 month felony probation. I just got a DUI and my PO is saying that I should choose a 24 mo drug treatment program or he will violate me and I should prepare to serve my 17-21 month sentence. I have not had any violati...

    Craig’s Answer

    The Judge is almost always the final decision maker, but depending on your State, and frankly your Judge, he/she will usually either take your PO's recommendations, or has already delegated those decisions to your PO.

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