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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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...
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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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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...
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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...
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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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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.
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).
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.