There are different types of DUI offenses and potential consequence based upon a person’s age. For anyone under the age of 21 years old the primary difference from an adult DUI case is the additional offense sometimes called a “Baby DUI”.
At a transfer hearing, the court must determine whether the defendant has shown by clear and convincing evidence that public safety and the rehabilitation of the defendant, if adjudicated delinquent in juvenile court, would be best served by transferring the prosecution to juvenile court. The court must consider those factors provided in A.R.S. § 13-504(D).
The court shall consider the following factors in determining whether public safety and the juvenile’s rehabilitation, if adjudicated delinquent, would be served by the transfer:
The seriousness of the offense involved.
The record and previous history of the juvenile, including previous contacts with the court and law enforcement, previous periods of any court-ordered probation and the results of that probation.
Any previous commitments of the juvenile to juvenile residential placements or other secure institutions.
Whether the juvenile was previously committed to the department of juvenile corrections for a felony offense.
Whether the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.
Whether the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
The views of the victim of the offense.
Whether the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
The juvenile’s mental and emotional condition.
The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.
COMING SOON
ARIZONA UNDERAGE DUI CASES ARS §4-244(34)
4-244. Unlawful acts
It is unlawful:
34. For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.
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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