Posted: 3/23/2007 4:21:02 PM EDT
I was hoping one of the members here may possess some info on a question I have. Is it possible to have a DUI conviction set aside in AZ? If so how long does it take? Anyone with firsthand knowledge feel free to IM me for confidentiality. Thanks guys!
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No personal experience (meaning criminal prosecution against me), but in theory I would say that any conviciton could be set aside, expunged, pardoned, etc. In practice, I think one would find it very difficult. I would be curious to hear of any examples where this actually happened. |
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A conviction for DUI and certain other criminal traffic offenses under state law, can be set aside because they are not “local ordinances” pertaining to the operation of a vehicle. 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions A. Except as otherwise provided in this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. B. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by: 1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside. 2. The game and fish commission pursuant to section 17-314 or 17-340. D. This section does not apply to a person convicted of a criminal offense: 1. Involving the infliction of serious physical injury. 2. Involving the use or exhibition of a deadly weapon or dangerous instrument. 3. For which the person is required or ordered by the court to register pursuant to section 13-3821. 4. For which there has been a finding of sexual motivation pursuant to section 13-118. 5. In which the victim is a minor under fifteen years of age. 6. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693. |
It was her first arrest too!
When her day comes around in court, I would advise you (or her...right  ) to go and speak to the D.A. face to face. Save your thousands of dollars on an attorney for later, they'll alwasy postpone things a couple weeks to give you time to get represented. But for the time being, skip the lawyer, talk to the D.A., explaine how you were in the wrong, it was a stupid mistake, you'll never do it again, and you've since been telling everyone with ears about the dangers of DUI. If your words sound like the truth, maybe the DA will go to bat for you and you might end up being much better off than if you show up lawyered up to hell looking guiltier than sin. I've heard that the GOOD lawyers only get upwards of 40% of their clients off on DUI. I figure you've got better odds speaking for yourself.Remember, first arrest, good person, made a mistake, etc...get those points across eloquently and while dressed nice (but not too nice), and you oughta be alright. |
If the DA is prosecuting you, I would assume he already thinks you're guilty...moreso when you show up with a fancy umpteen thousand dollar lawyer. I think it would be better to look like someone willing to Man up (or woman up) to their mistake and hope for some probation, community service, take some abuse classes maybe, and get on with their lives and continue being a good productive member of society. I would rather take my odds going that route than the 40% best case success rate with a lawyer. D.A.s see all kinds of shitty people in their line of work, I'd reckon that seeing some upstanding looking citizen who is willing to own up is a pleasant sight in their eyes. Remember, you can always get the lawyer later if the D.A. doesn't go for it. And while we may not have actual D.A.s here in Az, I'm sure there's some kind of prosecutor you could talk to...Tomato...Tomaato. Same diff. |
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I went into court in Tucson where I was charged for a traffic accident and the prosecutor refused to make a deal on where I would plead guilty to two of four traffic charges. This was about 11 years ago. No DUI was involved. I stated I would plead guilty to not changing my address within 10 days and not maintaining control of my vehicle. Female judge wanted to know from me why I would not accept a plea, that I was going to lose my license if found guilty of 4 charges on the tickets. I told her I would plea guilty to 2. Prosecutor refused. During the trial I told the truth. Prosecutor called me a liar. My attorney (practices in federal criminal law at the time) put me on the stand and I told my story. Prosecutor called me a liar repeatedly and recalled the prosecution's witness. Witness against me (who had no reason to like me that I know of) told the judge I was telling the truth. My attorney showed the judge that the two most serious charges against me were also cited with incorrect citation codes which had nothing to do with what I was being charged with. Judge threw out the charge of not changing my address within 10 days (I had just moved into a new house within 30 days). Threw out another charge which the prosecutor could not prove due to his own witness stating I was telling the truth. Judge asked me if I would plead guilty to not maintaining control of my vehicle. I told her the accident was my fault and I would have agreed to this from day one. $80.00 fine. The last remaining charge which was shown to be incorrectly written was suspended for decision until the prosecutor provided the judge with legal decision showing why I should be held liable, he was to provide this within 10 working days and then my attorney was given 15 working days after this to respond. Prosecutor never sent the judge anything and final charge was dropped after 10 days. Without an attorney I would have been hung by a prosecutor out to make an example of me for his own reasons. I would have lost my license, lost my job of 10 years at that time and possibly done some jail time. I told the truth on the stand, a TPD officer was shown to not be telling the truth. The judge reamed both of them out in my presence for wasting over half a day in her courtroom. Without an attorney I would have been screwed. I've been on the other side of the fence in other states in both Federal courts, state and county courts. But it all depends on what kind of prosecutor you are dealing with. I have seen a few very bad prosecutors over 20 some years. Usually the ones fresh out of law school who are taking a job in a prosecutor's office to pay the college bills. I've known a number of people who have gotten off with DUI's with the right attorney. They aren't cheap though. What is it they always say?
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Already paid for the attorney, who has been as helpful as a gnat in a windstorm! She is going to get the same thing as she would have got if she had kept her 4 grand! A day in jail, MADD class, substance abuse class and a massive fine! The only thing she can worry about now is what happens after. She wants a clean record so it doesnt affect her career!
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