Misdemeanor DUI cases can become felonies. That is, conduct that would normally be a misdemeanor DUI in, will result in felony (a.k.a Aggravated DUI), if certain additional circumstances are present. One such set of circumstances concerns the status of your driver’s license at the time of arrest.
There are several scenarios where a specific kind of driver’s license problem will turn a misdemeanor DUI into a felony Aggravated DUI.
A suspension is the temporary removal of a driving privilege. After a suspension period has ended a driving privilege remains suspended.
A person accused of DUI could not be presumed to have actual notice of suspension of license, for purposes of statute permitting enhancement of defendant’s punishment for driving while intoxicated at time when license was suspended, simply by virtue of state’s mailing of notice of suspension to defendant, where notice was sent by certified and not by registered mail and was not correctly addressed to defendant’s last-known address.
A revocation is a termination of a driving privilege. After the revocation period ends a person's driving privilege remains revoked.
A driver’s license cancellation is similar to both a suspension and revocation. It means a privilege to drive has been terminated without prejudice.
A person whose license has been cancelled is eligible to immediately apply for a new license. See A.R.S. 28-3301.
Real Client's Husband, Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
- David E.
REAL CLIENT, PHOENIX, AZ
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."
- Joe C.
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