Menu FREE Consult Request
DUI and Criminal Law Specialists
${site.data.firmName}${SEMFirmNameAlt}
Available to help 24/7
480-248-7666
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Municipal Court vs. Justice Court vs. Superior Court in Arizona DUI Cases

With a DUI case in Arizona, the court where your case ends up can be just as confusing as the actual case itself. Due to the differences in charges, locations, and police agencies, your Arizona DUI case can be filed in any one of three different courts and locations: either in Superior Court, in a Justice Court, or in a Municipal Court (also commonly referred to as City Courts). These differences depend largely on the type of DUI case filed, where your Arizona DUI arrest took place, and finally which agency was responsible for the arrest.

The first, and most important distinction is whether your Arizona DUI case is a misdemeanor DUI or a felony DUI. If your case is filed as a felony DUI (which typically happens for a DUI on a suspended license, a 3rd time DUI, or a DUI with kids under 15 in the vehicle), then your case will be in Superior Court. Felony cases are only heard in Superior Court. The only way your case can be heard in a different court is if the state decides not to pursue the felony part of the DUI.

A City Court or Justice Court has no jurisdiction over a felony case. Similarly, a case that is initially cited into a Justice Court or Municipal Court can be dismissed and re-filed in Superior Court if the state later becomes aware of a felony element to the case prior to it resolving.

The next distinction is to determine where your Arizona DUI arrest took place. If you were arrested and cited for DUI outside of the city limits, your case will be sent to the Justice Court that is responsible for that area. This is common in arrests that take place on an Indian Reservation or in unincorporated parts of the county. However, if you were arrested within the city limits, your case may be assigned to either a Justice Court or Municipal Court. The distinction between the two different courts depends on which police agency made the arrest.

For example, if you are arrested and cited for an Arizona DUI within the city limits of Scottsdale, and arrested and cited by a City of Scottsdale police officer, your case will be in Scottsdale Municipal Court. However, if you are within the city limits of Scottsdale, but arrested by a different agency, commonly Maricopa County Sheriff's Office, your case will be in the Justice Court that is responsible for that area.

As with everything else in the confusing Arizona DUI process, the actual location of your case may also be just as confusing.

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
Rosenstein Law Group Best Lawyers 2020 Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information
disclaimer.

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.

close

Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request