Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-01-2008, 04:18 PM
Junior Member
 
Join Date: Apr 2008
Location: Chicago
Posts: 6
Exclamation

Help! Friend charged with DUI leaving state.


What is the name of your state? Arizona

A friend of mine was arrested for a DUI a few months ago, blowing a .12 BAC. He was not insured at the time and had his license suspended. He continued to drive and was arrested a month later. He is not done with his court dates, but plans to plead guilty. He is, however, leaving the state. He has told the court that it is due to family emergency, for which there is none. They have requested documentation, for which there is none. What kind of complications is his move going to cause? Please reply.
  #2  
Old 07-01-2008, 04:23 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by pandorasaidoops View Post
What is the name of your state? Arizona

A friend of mine was arrested for a DUI a few months ago, blowing a .12 BAC. He was not insured at the time and had his license suspended. He continued to drive and was arrested a month later. He is not done with his court dates, but plans to plead guilty. He is, however, leaving the state. He has told the court that it is due to family emergency, for which there is none. They have requested documentation, for which there is none. What kind of complications is his move going to cause? Please reply.
Be sure to wear your FUGITIVE tee shirt.

[url]http://forum.freeadvice.com/showthread.php?t=405794[/url]
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 07-01-2008, 04:35 PM
Junior Member
 
Join Date: Apr 2008
Location: Chicago
Posts: 6

Come on . . .


Quote:
Originally Posted by seniorjudge View Post
Be sure to wear your FUGITIVE tee shirt.

[url]http://forum.freeadvice.com/showthread.php?t=405794[/url]
Could you please be more constructive? I'm trying to help a friend.
  #4  
Old 07-01-2008, 04:36 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by pandorasaidoops View Post
Could you please be more constructive? I'm trying to help a friend.
[url]http://forum.freeadvice.com/showthread.php?t=405794[/url]


You have already started a thread on your problems.

Post there.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #5  
Old 07-01-2008, 04:39 PM
Senior Member
 
Join Date: Jan 2005
Posts: 14,766
Quote:
Originally Posted by seniorjudge View Post
[url]http://forum.freeadvice.com/showthread.php?t=405794[/url]


You have already started a thread on your problems.

Post there.
Silly SJ...that would involve following a rule. Following rules is a bummer.

__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #6  
Old 07-01-2008, 05:01 PM
Member
 
Join Date: May 2008
Posts: 463
I would just say to tell your friend to do the right thing. Besides going off to war, no court is going to consider this a real pressing emergency.
  #7  
Old 07-02-2008, 01:06 AM
Member
 
Join Date: May 2008
Posts: 191

Tell Your Friend Not To Run


He is in no postion to leave AZ, until he gets these charges resolved. AZ has got some of the toughest DUI Laws in the country, they do not play around. In addition your friend will not be able to get a valid driver license in any other state, with the AZ suspension in place. Here is a sample of what he might be in for:

In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years (84 months) of the current arrest.

NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence.

First Offense Impaired to the Slightest Degree or BAC above .080
Jail: Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs:
Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months.

Is this is first DUI? There are also gonna be sanctions for the driving on suspended. HE WILL NOT BE ABLE TO COMPLETE ANY PART OF THAT SENTENCE IF HE MOVES AWAY.

Here is a link reagarding AZ DUI [url]http://www.duiarizona.com/Law/Penalties/penalties.htm[/url]

Bottom line here, he is not going anywhere until they are done with him period. If he plays around and does not show up for court, probation, sentence requirements, etc, they will simply toss out a warrant for his arrest. Those are good in all 50 states and never go away until the offender is caught.

That means if he has any police contact anywhere, they run him for warrants, they arrest him, and hold him, and contact AZ for them to come get him. If they do not, and he goes free, the warrant still is in effect, and the same process will repeat until the warrant is satisfied, and your friend is back in AZ custody.

This will always be hanging over his head, until resolved. He will be a fugutive from justice, with no drivers license. It will not take the long to catch him. He gets a speeding ticket, he gets nailed for driving on suspended and arrested on the spot from the open warrant.

It will never end, and only get worse for him.

Once AZ has him back, they wiil probably pound him harder, cause he ran off on them.

He just needs to stay and deal with this. It will only get worse for him if he skips.

Last edited by RatPackLar; 07-02-2008 at 10:16 AM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:51 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.