Earlier this month, an Arizona court of appeals had to decide how an early-release statute would apply to a defendant that could not actually obey the statute given her specific situation. In the case before the court, an individual had been convicted of extreme driving under the influence. The early-release…
Articles Posted in DUI Case Law
Arizona Court Denies Defendant’s Appeal but Reduces His Sentence in DUI Case
In a recent opinion coming out of an Arizona court, the defendant’s appeal of his aggravated DUI conviction was denied. The court found no reason to reverse the jury’s guilty verdict; they did, however, notice that the defendant’s sentence was calculated incorrectly and that he should have been given less…
Arizona Court Denies Defendant’s Appeal in DUI Case, Despite Argument that Counsel was Ineffective
Recently, an Arizona court ruled on a defendant’s appeal in a case involving charges of driving under the influence and leaving the scene of an accident. On appeal, the defendant argued that his lawyer was ineffective in the lower court proceedings and that he was not given a fair chance…
Arizona Defendant in Aggravated DUI Case Loses Appeal
In a recent DUI case coming out of an Arizona court, the defendant’s appeal of his guilty conviction was unsuccessful. The defendant had originally pointed out on appeal that the police officer who arrested him did not have his body camera turned on, and he argued that the trial court…
Arizona Defendant Successfully Appeals Manslaughter Conviction
In a recent case coming out of an Arizona court, the defendant successfully appealed his convictions following a car accident at least partially caused by his speeding. The defendant was originally charged with and convicted of manslaughter, aggravated assault, and criminal damage. Because of his appeal and the facts surrounding…
Arizona Court of Appeals Affirms Defendant’s Second DUI Conviction.
The State of Arizona takes DUI and related offenses extremely seriously. First-time offenders are often required to serve jail time, and subsequent offenders can face substantial prison sentences. With each successive DUI, the punishment becomes exponentially more severe, making it extremely important for persons accused of DUI to obtain competent…
Arizona Court Denies Defendant’s Appeal in DUI Case After He Fails to Appear in Court
In a recent Arizona DUI case, the defendant’s appeal of his guilty verdict was denied. The defendant appealed in part because he was not present at his trial, and he asked the court to reverse the verdict given his absence. The higher court denied the appeal, finding it was the…
Arizona Court Denies Defendant’s DUI Appeal, Finding No Error in Trial Procedures
In a recent opinion from an Arizona court, the defendant’s appeal of his convictions and sentences was denied. The defendant was originally convicted of four counts of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs, which are class 4 felonies. In an attempt…
Arizona Court Upholds Defendant’s Aggravated DUI Convictions in Case Involving a Minor
Recently, an Arizona appellate court affirmed a lower court’s convictions of a defendant in a DUI case involving a minor passenger. The defendant appealed the lower court’s decision, arguing that there was a fundamental error in the record. The appellate court found that there was no fundamental error because the…
The “Actual Physical Control” Element of an Arizona DUI Case
Everyone knows that drunk driving is against the law. However, the elements of a DUI offense are not always straightforward. One of the most misunderstood elements of an Arizona drunk driving offense is the requirement that the prosecution proves a defendant was in “actual physical control” of the vehicle. A…