after almost a year got charged for dui, already paid for it in jail,, need info

[Lew1220]

What is the name of your state? az
I was sited last june 6th while parked at a gas station. in a loading zone. The car was off. after 5 min a traffic cop pulled in to do some paperwork and noticed me sittin there. he then walked over and asked for my license which i said i didnt have one. the girl whose car it was, was inside. he then gave me field tests and arrested me for agg dui. I violated probation and waited for a charge, after 6 weeks agreed to violate on drinking. he never saw me drive, didnt look for the keys. The lieutnent at the station ripped him and let me go. Now i am being charged extreme dui, 4 days before a year is up. Has not been a police report till now, i still dont know. I dont remember what i said. But that girl drove the car home in the morning and now lives in PA. I had an attorny for agg dui but the county declined it, now city has just charged me,and my attorny wants more money, but never fought on the orig charge. 1) can i beat this? 2) do i need to re-hire attorny or ask to use money for same charge. 3) can i get by with public defender if needed. 4) do they have a case? 5) are they chargin me becuz its in the database and the year was almost up? please help, have till next wed for arraignment which it could be dissmissed, just annoyed, confused and need best advice on all scenarios.. thanks

[Lew1220]

az
some feedback would be helpful. 29 views and not a comment, well its either very good or very bad, jugding by the lack of help, ill go with very good.

[CdwJava]

Originally Posted by Lew1220

az
some feedback would be helpful. 29 views and not a comment, well its either very good or very bad, jugding by the lack of help, ill go with very good.

There is very little help that can be provided here. You need an attorney who can review the state's case and make a decision on the best course of action. I can make an argument for a solid case, and I can make one for a weak case. It really depends on what the officer believed he saw.

- Carl

[Lew1220]

az
thanks carl, but he saw nothing, he was a traffic cop, no dps, he pulled in and was doing paperwork i saw him. Then after a few minutes he decided to come over. The car was parked in a loading zone at a gas station. I am under the idea that a gas station is private property. Becuz of where it was parked he was curious. Like i said he arrested me on agg dui. The county declined to press charges. Sent it to city court. After 361 days they file an extreme dui. My question is how does county decline it, then what can city have? Either way I spent 4.5 months for it in tent city which was punishment enough last year. SO either way it should be dismissed or time served, right? My attorny i paid for agg dui which i never was filed for, same case he should defend this for me. I spoke to him and he is pulling the file to see that i paid 5500 for probation violation and agg dui. He should get it dismissed if he is any good, we will find out, do you agree?

[CdwJava]

Originally Posted by Lew1220

az
thanks carl, but he saw nothing, he was a traffic cop, no dps, he pulled in and was doing paperwork i saw him. Then after a few minutes he decided to come over. The car was parked in a loading zone at a gas station. I am under the idea that a gas station is private property. Becuz of where it was parked he was curious. Like i said he arrested me on agg dui. The county declined to press charges. Sent it to city court. After 361 days they file an extreme dui. My question is how does county decline it, then what can city have? Either way I spent 4.5 months for it in tent city which was punishment enough last year. SO either way it should be dismissed or time served, right? My attorny i paid for agg dui which i never was filed for, same case he should defend this for me. I spoke to him and he is pulling the file to see that i paid 5500 for probation violation and agg dui. He should get it dismissed if he is any good, we will find out, do you agree?

Laws vary in each state. In CA we don't have city courts, so this concept is unfamiliar to me.

As for the private property issue, in most every state, you can be DUI if you are operating a motor vehicle on ANY property.

And I have no real idea of what the case is against you, so I am really not qualified to answer your question as to whether the case should be dropped or not.

- Carl

[fagettaboutit]

Originally Posted by Lew1220

az
thanks carl, but he saw nothing, he was a traffic cop, no dps, he pulled in and was doing paperwork i saw him. Then after a few minutes he decided to come over. The car was parked in a loading zone at a gas station. I am under the idea that a gas station is private property. Becuz of where it was parked he was curious. Like i said he arrested me on agg dui. The county declined to press charges. Sent it to city court. After 361 days they file an extreme dui. My question is how does county decline it, then what can city have? Either way I spent 4.5 months for it in tent city which was punishment enough last year. SO either way it should be dismissed or time served, right? My attorny i paid for agg dui which i never was filed for, same case he should defend this for me. I spoke to him and he is pulling the file to see that i paid 5500 for probation violation and agg dui. He should get it dismissed if he is any good, we will find out, do you agree?

Are you saying you've already done time for what the city court is trying you for now? If so, I would imagine that would fall under DOUBLE JEOPARDY -

Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).