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Old 09-27-2001, 02:00 PM
slyle
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Potential Double Jeapordy for Drunk Driving Case


Can I please get some advice. 18 months ago I was arrested for DUI in Colorado, while on a business trip. After having been released, I appeared in court in Colorado. The Assistant DA advised me that I wanted to plead it out, he would reduce the charge to DWAI. Since I reside in ArizonaI asked him if my guilty plea would impact my ability to drive in Arizona or if the MVD in Arizona would be notified.

The DA assured me that the charge I plead guilty to only affected my ability to drive in Colorado (I received 3 months suspension of my driving privileges in CO) and that I would have to pay a fine ($550). I agreed and paid the fine.

Several months later the State of Arizona notified me that my drivers license was suspended for 6 months, I had to pay an additional fine in Arizona and I would have to attend Defensive Driving classes.

Do I have any recourse with the State of Colorado or Arizona? How can a DA provide such assurances that are untrue? In addition, how can the state of Arizona rightfully suspend my license, charge me fines and put points on my license, when I already paid fines and received suspended driving privliges in Colorado? Can I appeal the State of Arizona's decision?

Thanks.
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Old 10-01-2001, 09:17 PM
thepossum
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The only way to get out of this situation is to file a motion to change your plea from guilty to "not guilty", based on the representations of the Colorado d.a., In other words, you would not have entered into the plea agreement if your license would be suspended in Arizona. Or, you could compare and contrast the different statutes pertaining to DUI in Colorado and Arizona and say they are different, thus the Arizona law should not be appli
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