A common court date in an Arizona DUI case is what is known as an "evidentiary hearing." This is a hearing that is different from an actual trial.
Rosenstein Law Group, PLLC is proud to announce that, effective Monday, August 29, 2011, we will have moved into our new location. Our brand new office is larger to accommodate our growing firm, and we are very excited to move into the new and beautifully redesigned space.
Arizona is by far one of the toughest states in which to get convicted of a DUI. The punishments in the Arizona Courts for DUIs are crushing-- even for first offense DUIs involving people with absolutely no criminal history-- as you will receive penalties from both the Court and the Arizona Motor Vehicle Division (MVD). If you are convicted of a DUI in Arizona, our Courts and Judges have no discretion to lighten punishments thanks to mandatory sentences imposed by our Arizona State legislators. However, on the flip-side, the punishments doled out by the Arizona MVD are relatively light compared to the MVDS (or DMVs) in many other States. Now, if you are from out-of-state and are convicted of a DUI in Arizona, you will also have an additional agency to deal with: your State's MVD (Motor Vehicle Division) or DMV (Department of Motor Vehicles). So, if you are from another state, are accused of a DUI while visiting Arizona, and take a plea which requires you to plead guilty to DUI (Arizona is a plead to the max state, so almost every plea requires that), or are found guilty at trial, then your home state will be notified and the MVD or DMV in your State will take its own separate actions. Imagine being forced to go to jail, pay thousands of dollars in fines, go to classes and be told that you will need a breath machine on your car for a year (all of which are punishments handed out by the Arizona Courts and Arizona MVD), and then, believing that you have paid handsomely, you return home and find out that your home state's MVD or DMV has suspended or revoked your right to drive for over a year, or some other similar punishment. As you can see, there are serious consequences for individuals who come to Arizona from other states and get accused of DUI here. Arizona has long been held as a vacation destination, and we see a fair amount of out-of-state drivers on the road here. So, whether you come to Arizona for a pre-season Spring Training baseball game, a work conference, or simply a golfing trip, when you come to Arizona with a driver's license issued by another state, the consequences of being accused of DUI in Arizona can be disastrous.
As many people know, any time you are stopped and cited for a traffic offense in Arizona, tthere likely comes with it points against your Arizona driver's license. Different driving infractions in Arizona carry with them different amounts of points against your AZ driver's license. For example, a civil speeding ticket in Arizona generally carries 3 points with it.
In our last two blog entries, we discussed two ways that a DUI case can resolve in Arizona: (1) through a plea agreement or (2) through a trial. Now we will discuss the third way: through a dismissal of the case. What is a Dismissal of a DUI Case?There are numerous reasons why an Arizona DUI case can be dismissed altogether, and we will discuss some of them below, but first we must discuss what a dismissal of a DUI case means.
Many times, Arizona DUI cases are resolved through plea agreements (which were discussed in part one of this three part series on the ways that Arizona DUI cases are typically resolved (see last blog post)). However, on the occasions where a defendant does not want to accept the plea agreement offered by the prosecutor, a trial will likely take place.