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

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. Best answer

    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).


  2. 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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


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

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  4. 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 questioner. Any opinion is therefore of limited value and does not create an Attorney-Client relationship. Full consultation with an attorney is necessary in order to give any opinion of any value. There may be facts and factors that are not disclosed that would change an opinion. Many attorneys, including myself, offer consultation in our office to obtain more complete information. More complete information is necessary before a solid opinion should be rendered. Therefore, you should always consult with an attorney before acting on any advice given in this format.


  5. You should immediately speak with a attorney in Arizona


  6. 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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  7. 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.


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


  10. 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 the question and this attorney. Further, it is important and suggested by this author that the proponent of the question seek legal representation and discuss the specifics with the legal representative in order to obtain a specific and detailed response, rather than the general response that is provided here.

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