Legal Question in DUI Law in Arizona

Dui

My son age 22, with no prior convictions, only a speed ticket stopped received a DUI on May 5, 2009. Only submitted to the breath test given by the Intoxilizer 8000. Reading of 0.21 super extreme. Breath test given 48 minutes after stop. Officer gave HGN without authorization as he only allowed a breath test. Offier stopped due to lisence plate being out then smelled alcohol and went from there. Son is trying to be recruited into the Navy, completed (2) years of colege, going back to school in the fall to complete EMT and two fire courses, works fulltime and 2 part time jobs. Has little money. Can we get this reduced? I was called to the scene to pick up Kyle where I questioned one of the Officers as to what test was given and Officer informed me only the breath test which the Offier told me that twice then on the report found a HGn test was perform which is part of a fiel test. Vehicle was impounded. Son take full responsibility for his actions. Can we get this reduce to a DUI to to the Intoxilyzer being a 8000 unit which has beeen questioned along with the HGN given without consent? What happens to determine a plea? Planning to go through the system as it seems that the courts/police it's all about money and politics.


Asked on 5/13/09, 10:44 am

1 Answer from Attorneys

Edward Loss The Law Offices of Edward A. Loss III, P.C.

Re: Dui

Get a Public Defender if you can't afford competent, private counsel. You will not get the HGN suppressed. Cop will say your son agreed to HGN. Give the .21 breath, might get it reduced from Super Extreme to Extreme DUI. Ed Loss

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Answered on 5/13/09, 12:29 pm


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