Arrested before new laws of 2007 went into effect in AZ. Haven’t gone to court yet.

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Arrested before new laws of 2007 went into effect in AZ. Haven’t gone to court yet.

Friend was arrested for DUI on a suspended IN license (which was eligible for reinstatement, if that matters). The arrest was in AZ, and before the more strict laws went into effect- in the fall of 2005. He has not been to court. He lived in IN after that, didn’t go to the initial hearing. Will he be tried under new law? Is there a chance it would ‘disappear’ after any number of years? How should he proceed?

Asked on June 17, 2009 under Criminal Law, Arizona

Answers:

John Vigileos / Law Office Of John Vigileos

Answered 14 years ago | Contributor

The case will not disappear after a few years. If your friend does not appear he will continue to have a warrant hanging over his head in Arizona indefinitely. It is not clear from your question, but this DUI may have been charged as a felony DUI, since there was a suspended license involved. If this is a felony DUI, then he could be arrested on the warrant in Indiana (or any other state) and extradited back to Arizona. The misdemeanor DUI sentencing enhancements are not retroactive so, if this is a misdemeanor, he would be looking at the penalties under the old law. There have not been any recent substantial changes to the felony DUI statutes. DUI


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