Is a person charged in January 2010 with a 1st Offender DUI grandfathered into the year long ignition interlock or can it be brought to the Judge to lower that requirement to the newly passed (6) month term of the interlock?
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Read More Answered By: Carrie Spiller |
The new sentencing guidelines in AZ on this issue do not currently have a retroactivity clause. Therefore, if your offense was committed in January, 2010, your sentence and MVD penalties would be assessed under the laws in effect on the date of the violation. The date of conviction does not affect this issue. The sentencing judge on the criminal part of the case really doesn't have much control over the MVD- the court just reports the DUI conviction to the MVD. The MVD is an administrative agency with its own procedures once a conviction is reported, and the MVD is the agency that controls and regulates interlock requirements based on the law on the date of violation. I don't doubt that this issue is going to be challenged, but for now, there is no retroactive application of the new laws. If you want to challenge your interlock requirements, an experienced defense attorney may be able to provide assistance. |
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