Daniel Martin Jaffe's Answers

Probable cause, search and seizure laws for DUI stops in AZ

Why did he want to search your car in the first place? There is no easy answer to your question, and the only reliable way to get the information you need is to have an attorney who is working for you review the case. It may also require interviews of the police officers to adequately answer your questions. What court are you being charged in? What are the charges?

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Dui hearing plea of guilty or not guilty in WA state

The answer to your question depends on a number of factors. As a starting point, a BAC of .095 is very low on the spectrum of alcohol levels in drunk driving cases. Your friend should definitely seek the advice of counsel before pleading guilty. At that alcohol level, there is a decent possibility that the case could be reduced to a non-DUI. On the other hand, there may be circumstances where a plea of guilty is in your friend's best interest. The best, and only advice I can give is for your...

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DUI arraignment with 2 part question.

While it is possible that DUI charges can be dropped at an arraignment, it rarely happens. If you are charged with per se DUI, that is .08 or higher, that might fall off at the arraignment, but the impaired to the slightest degree charge will probably have to wait for a pretrial conference. With a .063 it sounds like your case is a prime candidate for a reduction to a non-DUI if not an outright dismissal, but the arraignment is typically not the time to argue for such.

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DUI laws in WA state

If you had an attorney represent you on the charge originally, it is a good idea to contact that attorney. If not, and if you are in complete compliance with all of your conditions, it probably wouldn't hurt to call the court and see if a staff member can help you sort it out.

Trying to help a friend.

The answer to question 1 above should take care of the answers to the other 2 questions. In answer to number 1, your friend should definitely talk with an attorney immediately. Beyond that, the other questions are so case-specific that they require the advice of a competent local attorney after a complete review of the case.

DUI on the record

Unfortunately, a DUI conviction in Arizona creates a permanent record, and can not be expunged. It is possible to do what is referred to as a "set aside." However, except under very limited circumstances, this legal vehicle is meaningless in the context of Arizona DUI cases. A background check will always show the presence of a DUI conviction from your case. Now, in terms of the conviction counting against you for future penalties, it can be used against you in Arizona for seven years from...

Dui and driving on suspended

It appears that there is a breakdown in communication somewhere along the chain. The information in your question is unlikely the whole story, at least from the court's perspective. If you were represented by counsel in '02, that may be a good place to start. Why does probation want another eval? Did they receive proof of completion from the 3 month program? In general, it is helpful in these situations to clarify expectations with the court and with probation, and then make sure that you...

Dui car search

In Arizona, the answer to this question recently changed. There is new caselaw that holds that a search of the vehicle prior to arrest for officer safety once the subject is outside of the vehicle and secured is not reasonable. If, however, the officer sees something in plain view that would cause a reasonable officer to be suspicious (a weapon or drugs as an example), then they can certainly investigate prior to arrest. Once a person is arrested however, the vehicle can be searched during...

Underage Drinking

You should definitely consult with a lawyer in your area because you may have a good case. If you were denied your right to speak with an attorney after requesting one, then there is a good possibility of a positive result for you. However, you should not try to represent yourself. If you can't afford an attorney, if a public defender is available for your case, get one.