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Mark N Weingart
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Mark Weingart’s Answers

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  • My son (21 yesterday) got a DUI in AZ back in like July.. He carries a WA drivers license... AZ gave him is punishment...

    apart was AZ said he had to have that breathing machine on truck for 1 year.. WA state DMV took his license for 1 year.. he has to get an AZ license for the breathing machine.. ?????? can he do anything about getting WA to let AZ take care of his ...

    Mark’s Answer

    I would agree with Ms. Castillo. We have had these situations in the past where the licensing state supends for a DUI in another state. Most probably your son will have to serve out the Washington suspension and then get an interlock to unsuspend in Az, as Az will suspend until the interlck device is installed. At that point he can reinstate in Washington, or get licensed in Az.

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  • Arizona reports non to a DWI conviction. It is stopping me from moving to New Mexico even though it has cleared.

    The was my first offense. I took the screening, required drivers education, TSS and had a breath analyzer in my vehicle for 13 months. Why am I being denied a drivers licence in New Mexico?

    Mark’s Answer

    In addition to any issues with Arizona MVD, Mew Mexico may have a rule prohibiting you from getting a license because of the az DUI. Also check Mew Mexico DMV for why they denied you.

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  • I had a case that now reads a compl dismissed by court. What does that mean?

    I was arrested, plead guilty and went though the domestic violence diversion program in AZ. Now that I am done wit all that the AZ public case look up says that the case (misdomeanr) was compl dismissed by court. Can I get the record expunged?

    Mark’s Answer

    As Mr. Snader told you, in Az, there is no "expungment". Once you file and receive the application to vacate judgment and order, you can show it to prospective employers to indicate that you have been relieved from the stigma of guilt.

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  • Arizona DUI - Officer altered printed citation

    I was pulled over a little less than a month ago for no headlights on a bright street (honest mistake, realized and turned on just before red and blues), and ended up with a DUI blowing a .13 BAC. Now, I'm not sure how far technicalities can st...

    Mark’s Answer

    I am an Arizona DUI lawyer. The Statute you refer to is what is called "procedural". That just means that in order for the case to properly get started, the cop must file the ticket and copies with the right court. This may however, demonstrate that the cop is proned to mistakes. If it is a breath case, then the same cop that stopped you gave you the test. There is protocal that he must follow to render it admissible. Also, if it is a breath test, it is very fightable. There was no bad driving and that helps your case. Remember, Arizona has the absolute toughest DUI laws in the country! Call if I can help.

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