You really need to consult with an attorney immediately. It may be in your benefit to consider pleading out immediately to avoid the possibility of of the aggravated DUI. While the Judge lacks the jurisdiction to treat the case as a felony, the next set of eyes on the file will be a prosector. Depending on the reason for the underlying suspension (i.e., if it was because of prior DUI), it may or may not be dismissed for felony prosecution. It simply may not be worth the exposure if you are able to avoid it immediately. Again, I would consider speaking with an attorney immediately to discuss your options and the possibilities of felony prosecution.
If you're charged in a city court or justice court, you cannot be charged with a felony for aggravated DUI. The court lacks the jurisdiction for felony matters. The only way you could be charged with an aggravated DUI is if the case is dismissed and refiled in superior court. Hopefully, for your sake, that doesn't happen.
It is not the judge who will change the charge. The prosecutor is the one who can change the charge. Typically an Aggravated DUI will only be charged if your license is suspended for a prior DUI or you have three or more driving on suspended license convictions.
If your charge is currently in justice court, city court, or municipal court you are not charged with Aggravated DUI.
You need to Lawyer up.
Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
2012 Southwest SuperLawyer Rising Star
AVVO 10/10 Superb Lawyer
Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Neither the police nor the judge have ultimate say in how you are charged. That is up to the prosecutor. If you received a ticket you also received a court date. I would talk with an attorney, hire one and get them to let the prosecutor know that you have an attorney.
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