Phoenix DUI Law Blog
Recently, a state appellate court issued an opinion in an Arizona DUI case discussing the elements of an aggravated DUI under Arizona Revised Statutes (A.R.S.) section 28-1383(A)(3). Ultimately, the court determined that the prosecution established evidence of each element, and affirmed the jury’s guilty verdict.
According to the court’s opinion, the defendant was driving a 14-year-old girl home from a party when he was involved in a car accident. Evidently, the defendant did not know the girl very well, and was unaware of her age. When police arrived on the scene, they found a bottle of pills inside the vehicle, and the defendant admitted that he had smoked marijuana earlier that day.
The defendant was arrested and charged under A.R.S. section 28-1383(A)(3), which makes it an aggravated DUI to operate a vehicle under the influence of drugs or alcohol while carrying a passenger less than 15 years of age. The defendant requested the trial court instruct the jury that he could not be found guilty unless the prosecution proved the defendant knew the girl was under 15 years of age. The court rejected the defendant’s request and the jury convicted the defendant of aggravated DUI. The defendant appealed.