How to best fight a possible DUI charge when never arrested?

Asked about 1 year ago - Palos Verdes Estates, CA

I just learned of a case against me next month set for arraignment. I was in an auto accident in AZ last January. I was in the hospital for 3 weeks. As of right now I am assuming it is related to that event.
I have never been arrested nor even spoken to by police about the accident.I literally just found out about this right now online by chance. I will have to call the Justic court on Monday to find out what it is. But it is listing a TR-2013 designation so I am assuming it is related to my traffic accident. No one was injured and it was a medical issue found while in the hospital that explains why I passed out while making a left hand turn and crashing into a wall. again I have never been spoken to about this nor arrested. I am in California now and just finally got back on my feet.

Attorney answers (10)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . You should speak with an AZ attorney to deal with this ASAP !

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  2. Greg Thomas Hill

    Contributor Level 20

    16

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    1

    Best Answer
    chosen by asker

    Answered . Last January???? Wow, that is quite a long time ago.

    How best to fight it? First, gather up your medical records showing that you were not driving under the influence of alcohol, as perhaps Arizona police and the prosecutor assumes. Second, if you had a passenger or passengers, contact them and ask them to write down what they can best remember about the accident. Third, as other counsel have recommended, retain counsel who is experienced and local to the courthouse where the case is. Be sure to ask if you must appear in court (in California, in most misdemeanor DUI's, the defendant does not need to appear (there are exceptions).

  3. James Murray Warden

    Pro

    Contributor Level 13

    18

    Lawyers agree

    Answered . You should immediately contact a criminal defense attorney in Arizona

    James M. Warden


    >

    Legal disclaimer: Responses to these questions are necessarily limited to the information provided by the... more
  4. Michael Jon Fremont

    Pro

    Contributor Level 17

    18

    Lawyers agree

    Answered . You should immediately speak with a attorney in Arizona

  5. Daniel Nelson Deasy

    Contributor Level 20

    18

    Lawyers agree

    Answered . The best way to fight? That's easy -- hire a criminal defense attorney that deals with alcohol-related driving offense cases.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Mordechai David Pelta

    Contributor Level 8

    16

    Lawyers agree

    Answered . If arraignment is set for a court in Arizona then you should consult an attorney admitted in that jurisdiction.

    This answer is not legal advice and does not create an attorney-client relationship.
  7. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Contact at the very least one AZ attorney before calling the court on Monday. In fact let an attorney make that call to the court for you. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  8. Maureen Furlong Baldwin

    Contributor Level 6

    10

    Lawyers agree

    Answered . I am a CA lawyer, not an AZ lawyer. In CA, if the police made no move to arrest you for a misdemeanor in one year after your accident, you have grounds to bring a motion for a speedy trial violation, since a misdemeanor statute of limitations in CA is one year. There are some exceptions, and one of those is if the party was out of state, or if the police made reasonable attempts to locate you but you were "on the run". The CA law is based on federal law so I am sure AZ has a similar statutory or caselaw scheme in the event the actual statute of limitations has been exceeded by the period of time that they have failed to contact you. However, you need to check with an AZ attorney about the specific offense, to see if it is a standard misdemeanor DUI especially since there was an accident, and what is the applicable statute of limitations. You should also check to see if your being out of AZ allows the AZ court to get around the speedy trial/due process issue

  9. Michael James Kennedy

    Pro

    Contributor Level 12

    9

    Lawyers agree

    Answered . Do NOT contact the court or prosecutors yourself. You need to retain counsel, and immediately.

  10. Antonio Raul Perez

    Contributor Level 5

    9

    Lawyers agree

    Answered . Touch basis with an attorney who is licensed to practice law in the State of Arizona and one who has handled this type of case. Share with that individual attorney all the information you received in the mail and determine if that attorney can help you. You can learn from that contact if the attorney can make the appearances for you or if you need to personally appear; whether you can enter a plea thru your attorney or whether you have to be personally present. Good luck.

    The answer to the proposed question does not establish an attorney client relationship between the proponent of... more

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