I have never had a license and it was suspended due to me not paying fines. In 2007 I got a DUI did 30 days, judge didn't order

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license suspension. In 2008 got another DUI but wasn't charged (or so I thought - state filed case under wrong name). In 2011 got another DUI and now being charged with 2 AGG DUI's for driving on suspended license and facing 8 months in prison. Is it possible to get the aggravated factors dismissed since my license wasn't suspended due to a DUI? What are my chances of getting jail time or less time?

Attorney Answers

3
David Kephart ·
License suspensions aren't really up to the judge, they're up to the MVD. Your 2007 DUI would have caused the MVD to take adverse action against your driver's license, therefore, your license is likely suspended BC of the prior unpaid fine issue and your prior DUI.
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Kyle GreenCriminal Defense AttorneyMesa, AZ ·
Arizona law does not require that your license be suspended for a DUI. If your license was suspended and then you got a DUI you can still be charged with aggravated DUI. Aggravated DUI can carry with it substantial prison time. It also includes a minimum penalty of 4 months in prison upon a conviction.
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Aaron Black ·
The suspension issue is up to the jury. That is what aggravated means. The prosecutor must prove you knew or had reason to know your license was suspended. I am guessing you were suspended on the Admin Per Se and never reinstated your license. I have won this argument at trial. If you are charged with a class 4 felony and the state is offering you 8 months, that is an extremely harsh offer. The mandatory minimum is 4 months in prison if you have no prior felony convictions. That offer is not good either. If you can beat the suspension at trial you would only be facing a misdemeanor charge which is a maximum of six months in jail and a $2500 fine. You need to retain an experienced Aggravated DUI lawyer. Regards, Aaron M. Black Criminal & DUI Defense Attorney Martindale AV® Preeminent™ Lawyer 2012 Southwest SuperLawyer Rising Star 10/10 Superb Lawyer Law Office of Aaron M. Black, PLLC 3219 East Camelback Road #573 Phoenix, AZ 85018 Office #: 480-729-1683 Email: [email protected] www.aaronblacklaw.com
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