Brown & Little, P.L.C. » Entries tagged with "aggravated DUI"

Judges Aren't Always Right

A week or two ago, I saw a judge make a ruling completely contrary to the law. It happens, but usually not so obviously. The judge was hearing a number of pleas at once. Two of the defendants were in custody and pleading to aggravated DUI. Pursuant to A.R.S. § 28-1383(D) and (E), certain types of felony DUI require that a defendant spend a certain amount of time in prison before being placed on probation. In Arizona, prison and jail are different. Jails are run by counties and cities, and felony defendants spend their time in county jail pending resolution of their criminal matters. Prisons are run by the state. You can only go to prison if you are sentenced. Both of those pleading defendants were in … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Courts, DUI

Justifying the Unjustifiable

A little while back, I overheard a defense lawyer loudly explaining to his client why a prior felony conviction could be used to enhance the client’s sentence. The client was looking at a fair amount of mandatory prison because of an old aggravated DUI and kept asking why he should receive harsher punishment because of an old conviction for which he already did time. I think those are fair questions. In Arizona, an aggravated DUI is forever an historical prior felony conviction. Once you’ve been convicted of aggravated DUI, you will always be looking at an enhanced, mandatory prison sentence if you are later charged with pretty much any felony. That aggravated DUI conviction will follow you around for the rest of your life, resulting in worse … Read entire article »

Filed under: Clients, DUI, Practice in General

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