How Do I Read My DUI Ticket To Make Sure That I Am Doing Everything Correctly?
How Do I Read the Ticket to make sure that I am doing everything correctly?
If you have been arrested and charged with a misdemeanor DUI and you are an Arizona resident, you are most likely to receive a traffic citation and be released to a taxi cab or friends. Your citation will look like the following:
What do I do with the traffic ticket/citation?
First, across the bottom of your citation you will see a court name and address and a date on which you are to appear in the listed court. Do not fail to appear on that date otherwise, a warrant will be issued for your arrest.
Next, you will see a list of the traffic laws you are accused of violating. Some of them will be criminal and some of them will be civil. If you look to the right hand column of the citation you will see a box which indicates whether or not the infraction is civil or criminal. The officer must check the box and indicate that you are being charged with either a criminal or civil violation. Note: this is not as simple as you may think. For example, a speeding violation may be either civil or criminal. Therefore, pay close attention to whether or not your charge is civil or criminal. Obviously, they have very different consequences.
Next, review the biographical and incident information carefully. Is your name, address, date of birth, driver license number, state of birth and other biographical information correct? Does the officer have the location, date, time and place described correctly?
This traffic ticket is your most important first document. Without this ticket, you will be unable to proceed to your next step because you will not know where and when to appear in court.
Do all of the Courts treat Defendant the same?
No. They are supposed to but that does not always happen. Therefore, your attorney should be very familiar with the court in which you must appear. For example, that the sentencing statutes can be read and interpreted differently by different judges and different courts. For example, Arizona Revised Statutes § 28-1382 subsection I allows judges to suspend all but nine (9) days of a thirty (30) day first-time extreme sentence if the defendant shows proof that they placed an interlock ignition device on their vehicle for one year. This section allows a judge to suspend all but fourteen (14) days of a forty-five (45) day super extreme sentence if the defendant provides proof that they have equipped their motor vehicle with an interlock for twelve (12) months. Some judges refuse to follow this structure because they are not prepared to monitor installation of the interlock device. This also applies to statutory provisions relating to home detention and division of your jail sentence between jail and home detention. Therefore, it is not uncommon that you may serve more or less time in jail than your friend who was found guilty of the same charges in a different court or before a different judge.
If you have been charged with a DUI, call the top Phoenix DUI Attorneys at Oracle Law Group Office today. 480-704-0777