These are the top 6 things you should know if you’ve been cited with an Extreme DUI or DUI .08 in Arizona.
1. What is the Purpose of a Citation in Arizona?
If you’ve been charged with DUI in Arizona (driving under the influence), you will most likely receive a Citation from the arresting officer. The purpose of the Citation is simply to let you now what you are being charged with and where and when your first court date (Initial Appearance) will be. The Arizona officer will usually send a copy of the Complaint to the Court and one to the prosecutor to start a case.
2. Do I need to go to court? What will happen at court?
Where and when the Court date is scheduled is important. If you have not hired an Arizona lawyer, you must appear at the Court on the date and time stated on the complaint or citation. If you do not appear as ordered, it is very likely a warrant will be issued for your arrest. If you hire an Arizona lawyer, it’s likely that your presence will not be needed at the first court date. You should talk to your lawyer about this, as every situation is different.
3. Why the jurisdiction important?
Each Court will have its own policy and procedure regarding DUI. Every jurisdiction will assign its own prosecutor’s office to build a case against you. The policies of each Court and each prosecutor’s office are different. Procedures in Flagstaff will be different from those in Scottsdale, policies in Tucson will be different from those in Phoenix. You will want to consult with an attorney familiar with the policies and procedures of the Court and prosecutor where your case is being heard. The policies (and personalities) of the prosecutor’s office involved in your case can have a significant impact on the outcome.
4. Typos on the citation will likely not affect the outcome?
Once you’ve calmed down from the devastating experience of being in police custody, answering a volley of questions and being poked with a needle or blowing into a breathalyzer, you’ll take a good look at the citation. Sometimes you’ll find the officers made mistakes on the complaint. Maybe your name is misspelled, the color of your vehicle is wrong, or numbers were reversed in your birth date. Many people get excited thinking such errors will automatically get the case thrown out. Sadly, these errors will only show that the Officer was sloppy or had an oversight. If these are the only problems, it probably won’t help your case.
Many more documents will come through a process called discovery. The lion’s share of possible defenses usually come from things found in this paperwork. It usually requires a good attorney to spot issues, and often these issues require more investigation using interviews, experts, and prior legal decisions to make a successful case in fighting a DUI. Rarely, will a typographical error on a citation mean a better result. This firm has used typos to get better plea negotiations for our clients, but often that typo is a small piece of larger, more persuasive, argument.
5. I never got a DUI citation. What should I do?
If you did not receive a citation or complaint from the police officer, this does not mean there is no case. The police or sheriff’s department that arrested you may be waiting on blood test results or doing more investigation into your case. You need to be vigilant in checking the status of your arrest and if the charges against you were filed with a court. A lawyer can help with this process.
6. I destroyed or threw out the citation. What should I do?
Often, those cited are not in the right frame of mind, or are upset with the situation and lose or destroy the citation. If you are in this situation, you will need to track it down through the police agency as quickly as possible so you do not miss any important dates. An attorney can help with this task.
If you have been arrested for DUI in Arizona, you should take advantage of a free consultation with an experienced and successful Arizona DUI attorney. Usually, I offer a free, one-hour consultation for all DUI cases so I can explain the paperwork, DUI laws, possible consequences and, most important, possible defenses in Courts throughout Arizona.
I have always worked for Defendants and know how to find and use reports, Body Worn Camera Video, blood test results and other information that can help in your case. I have a staff that believes in the rights of Defendants and together we take the time and pay attention to the small details in a case that can make a real difference.
I have defended DUI cases throughout Arizona and can navigate through many of the challenges in each jurisdiction.
Please review my most recent case results in this website. I’ve handled thousands of DUI cases in Arizona. If you, a family member or friend have been charged with a DUI in Arizona, please call me directly at 602-402-8708 to schedule a free consultation to discuss your case and your options.