01|2023
A common question people ask is what is a conviction set-aside? A set-aside changes the labeling of the conviction from “guilt” to “set-aside”. Also, it takes away certain negative consequences a “guilty” label carries. Indeed, A.R.S. 13-905 allows most misdemeanor and felony convictions to be set-aside. However, certain crimes may not be set-aside. Specifically, dangerous… Read more »
01|2023
An Aggravated DUI driving wrong way on the highway is a class 4 felony in Arizona. A.R.S. 28-1383(A)(5) defines the elements of the offense the State must prove beyond a reasonable doubt. Indeed, the State must prove a person was (1) driving or in actual physical control of a motor vehicle; (2) while impaired or… Read more »
01|2023
An Aggravated DUI Due to an Ignition Interlock Device requirement is a Class 4 Felony in Arizona. ARS 28-1383(A)(4) defines this offense. Indeed, a person who (1) drives or is in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or greater; (3) and required to… Read more »
01|2023
Aggravated DUI with a Minor under the Age of 15 in the vehicle is a Class 6 Felony in Arizona. Indeed, this Aggravated DUI theory is the only felony DUI in Arizona punishable as a Class 6 Felony. Rather, the other four Arizona Aggravated DUI theories are all punishable as Class 4 Felonies. However, although… Read more »
12|2022
What are DUI defenses in Arizona? This is a common question due to how harshly Arizona prosecutes DUI cases. A conviction carries far-reaching impacts and consequences. Indeed, it could destroy a person’s life. Luckily, DUI defenses could be available depending upon the specifics of each case. A defendant asserts a DUI defense at trial or… Read more »
11|2022
Can a criminal trial proceed without a victim? There is a misconception the State must dismiss the case without victim appearance. Indeed, there are some circumstances the State may proceed to trial and obtain a conviction without a victim’s appearance. However, the dismissal decision depends on the applicability of the rules of evidence and Confrontation… Read more »
11|2022
Is No Actual Physical Control a DUI defense? A common question asked is what are possible defenses to a DUI in Arizona. Generally, DUI prosecutions may be difficult to defend against, because law enforcement officers are typically the eyewitnesses. And for the most part, people believe police officers are honest. Nevertheless, defenses may be present,… Read more »
09|2022
Aggravated DUI License suspended, canceled, revoked, or refused is defined under A.R.S. 28-1383(A)(1). This section also includes a restriction due to a prior DUI. Indeed, this theory of Aggravated DUI is a Class 4 Felony. Under this section, the State need not prove the suspension, cancelation, or revocation was because of a prior DUI. However,… Read more »
09|2022
People often ask what their gun rights will be after a domestic violence (DV) conviction. The short answer is there are state and federal restrictions on possessing a firearm. Indeed, Arizona state law prohibits one from possessing a firearm while on domestic violence probation. And the federal law prohibits any person with a certain type… Read more »
09|2022
A common question people ask is what to do during a DUI investigation. There are definite things a driver should refuse when law enforcement asks. But, there are certain things a driver should not refuse. It is important for all citizens to know their rights during any investigation, including a DUI. What to Do During… Read more »
