Amanda Salcido's Answers

I recieved a default judgment on my DUI case that does not mention my dui but only lesser charges, what does this mean?

I assume the lesser charges you are referring to are the civil violations. If no one appeared in court on your behalf, the court will typically enter a default judgment on the civil matters and an arrest warrant on the criminal/DUI matters. A default judgment could also result in a suspension of your driver license. I would suggest you contact your defense attorney immediately and bring this matter to their attention.

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Hello, I seek advice on how to go about getting a class 6 undesignated felony reduced to misdemenor, finally i can pay the fine

I would agree. Contact your prior probation officer and pay your fines to complete your probation terms. If you were otherwise compliant, you have a good chance of having a misdemeanor designation. The court is usually sympathetic to the effect of a felony conviction for job searching in this economy and will try to avoid felony designation for outstanding fines.

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DUI Aggravated Assault charges in Arizona - No priors whatsover, we know its unwinnable but whats the best case scenario

It is difficult to answer because every case is very fact specific to include the extent of the injuries (i.e. compound vs. hairline fracture, etc). There may be significant issues which may serve as a bargaining tool, such as you mentioned the blood drawn out 2 hours out, to negotiate a better plea. However, with a BAC above the extreme level the State may be able to retrograde to the time of drive. Without knowing the facts I can't even begin to speculate. Not only are facts different in...

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How many years does the State of Arizona have to prosecute for a DUI?

I can understand how worried you are about your sister. If it is a misdemeanor DUI only and not Aggravated DUI (no more than one prior DUI within 5 years, her license was valid, and there was no child in the car), the state has one year from the date of the offense. However, if she left the scene, endangered others, someone was injured in the accident, the damages was beyond a certain amount of money (it's very fact specific), then it is possible there is a longer statute of limitations. A...

Contesting a restraining order and taking reciprocal legal action.

You should have been served with the restraining order and given a date for the hearing in a very short period of time. The hearing is your opportunity to convince the judge why he/she should not impose the restraining order. If you need assistance, you can hire an attorney to assist you for purposes of this hearing only. If you fail to appear and your sister produces evidence through her testimony that you are a danger to her and anyone else listed in the order, the restraining order will...

Does Arizona law require a female officer to be present for an arrest of DUI

A female officer does not have to arrest a female suspect. In my experience, the majority of DUI arrests are by male officers. A female officer, if available, may be called upon to provide assistance to avoid any potential allegations of inappropriate behavior on behalf of the officer. However, typically there is no policy and certainly no right to be arrested by a female officer.

If the cop can not come to trail on set date and he asks to differ date with are my rights if I want to go on set date?

I take it you want your trial to proceed on the set court date and the officer has asked for a continuance. You can object to the continuance if you are ready to proceed. However, if the officer has a valid reason for the continuance, this is the first continuance, and the State is willing to waive time against your speedy trial rights, the court will likely grant the continuance.

My blood was drawn 4 hours after being arrested on dui in AZ. Is there a time limit officers have to perform blood test?

The law requires the State to prove that your BAC was above a .08 or more within two hours of driving. The State's expert may be able to retrograde your blood back to within the two hours. However, the retrograde may be insufficient or inaccurate based on your drinking history, the information you provided the police officers, among other factors. In these cases, your best bet is to consult an experienced DUI attorney.

I was arrested for a DUI. The police were convinced that I was on drugs.

You should not be charged with DUI if you did not have drugs/alcohol in your system. However, the State can still charge you for DUI if they believe you were "impaired to the slightest degree" and have some evidence they "believe" demonstrates impairment (i.e. odor, performance of field sobriety tests, driving, etc.). If you are charged and the tests come back negative, the charges should be dismissed.

Can I be charged with a DUI while my car is parked at the bar?

If you drove the car an inch and you were behind the wheel, you can be charged with DUI even if you were on private property. The law allows a DUI to be charged if the offense is on private property. Technically, you can be arrested for DUI in your driveway. Miranda rights do not have to be read prior to an arrest. Miranda becomes an issue if you a police officer asked you incriminating statements and did not advise you of your rights. Before you do anything, you may want to talk to...