Phoenix DUI Law Blog
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 to fight these convictions, the defendant asked the Arizona court to review the trial record for any errors that could have unfairly affected his guilty verdict. Finding no errors, the court affirmed the defendant’s convictions.
Facts of the Case
According to the opinion, the defendant was pulled over by a police officer because a rear-mounted camera blocked one-quarter of his car’s license plate, which should have been on full display. The officer checked the license plate in his system and found that it was invalid.
During the traffic stop, the officer noticed that the defendant had bloodshot eyes and was grinding his teeth. Suspecting that the defendant had been driving under the influence, the officer conducted field sobriety tests, including asking him to walk in a straight line and to balance on one foot. The defendant could not maintain his balance and continuously fidgeted during the sobriety tests.
Following these tests, the officer arrested the defendant and asked him if he had recently consumed any methamphetamine. The defendant replied that it had been “forever” since he had used any methamphetamine. Once the officer and the defendant arrived at the police station, the defendant agreed to do a blood draw and urinary analysis. He ended up testing positive for methamphetamine.
The Decision
The defendant was charged with several crimes: aggravated driving while license is suspended, aggravated driving with a drug in the body while license is suspended, and two counts of aggravated driving while under the influence with two prior DUI convictions. At trial, the jury found the defendant guilty on all four counts of aggravated driving while under the influence of drugs.
On appeal, the defendant asked the court to review the trial procedure for any errors, requesting that the court investigate whether any decisions made during trial had unfairly affected the jury’s decision. Reviewing the record, the court found that all of the proceedings were in accordance with the Arizona Rules of Criminal Procedure. The defendant had an attorney through every stage of the litigation, and the sentences he received were within the state’s guidelines. Because there was no error in the proceedings, the court affirmed the defendant’s convictions and sentences.
Have You Been Charged with a DUI in Arizona?
If you are facing criminal charges related to a DUI in Arizona, it is important to know your options and familiarize yourself with how to protect your rights. At the Law Office of James E. Novak, we understand the hard work and diligence it takes to craft a successful defense strategy. With over ten years of experience in criminal defense, we are ready to analyze all aspects of your case, and we are committed to being with you every step of the way. For a free and confidential consultation, give us a call at 480-413-1499.