In this case, my client was charged with vehicular manslaughter, A.R.S. 13-1103. The government alleged that the offense was a dangerous offense, A.R.S. 13-105, because the car accident involved a dangerous weapon or instrument – a vehicle. My client was alleged to have been DUI / DWI with a high BAC (blood alcohol concentration) when he was in a rollover accident that killed his passenger. The passenger had also been drinking alcohol and was not wearing a seat-belt. My client was an elderly man in poor health. After accepting a plea offer to prison, the Court conducted a hearing and made finding that prison would jeopardize my client’s health and could cause his death. A.R.S. 13-3961.01. The judge required him to complete home detention for three years. No jail. No prison. No probation.
