FAQs - RR Law

DUI Treatment Programs

Alcohol Screening & Treatment Programs

After you have been charged with a DUI there are several things you will be forced to deal with, including the suspension of your driver license.

The arresting officer will serve you with the Admin Per Se which will have the date the affidavit was served, as shown below.

The officer will mark one of these boxes which explains the amount of time your driver license will be suspended.

The second box states that you driver license will be suspended for 90 days.

The suspension will take effect on the 15th day after the date served.

In the example above the Admin Per Se was serves on July 2, 2018.

This means that the 90-day driver license suspension would have started on July 17, 2018 at 12:01 a.m. (This ONLY applies if you do not request an MVD hearing.)

How do I reinstate my driver license?

Once you have competed 30 days of your driver license suspension you are eligible to request a restricted driver license.

The restricted driver license will allow you to drive to and from work/school and home for the remainder of the 60-day suspension.

How do I request a restricted driver license?

You will have to schedule and complete an alcohol screening with an Arizona certified agency. Each Court will have a list of agencies you can pick from.

A screening is a face-to-face meeting that lasts between thirty minutes and one hour.

The assessment is conducted by a behavioral health professional.

The professional will conduct a standardized test which will measure your alcohol dependency or substance abuse.

This test is completely confidential. Once the screening concludes the professional will provide you with a screening report which will state the treatment recommendation.

The treatment consists of DUI education and group counseling and the hours to be completed are based on the screening.

Here is a link to a list of facilities that can be contacted to schedule the alcohol screening. These facilities electronically report to MVD.

Will I have to complete the treatment program to reinstate my driver license?

To obtain the restricted driver license you will only have to do the alcohol screening.

Once you have the screening report you can email your attorney a copy which will state the hours you will have to complete.

You and your attorney can discuss getting started with the program.

How much will I have to pay to reinstate my license?

The agencies that complete the alcohol screening will have a fee which varies on the agency that you decide to go to.

Please contact an agency near you to inquire about their prices.

MVD will have a reinstatement fee of $50.00 which can be paid at the time you obtain your driver license.

This fee also applies if you request a restricted driver license. You will only have to pay this fee once.

What should I consider when deciding which treatment facility to go through?

You should consider location, price, referrals and ratings. Selecting an agency near you will ensure that you are on-time to your appointments.

You also want to set the screening appointment around your schedule.

Shop around for the best price. Being charged with a DUI can be an expensive thing and you want to make sure you can save when and if possible, but don’t forget “you pay for what you get.”

Look at the agency’s reviews on google and on their website. Referrals and ratings are a great source when deciding on anything in this day in age.

You want to make sure you select an agency that is known for being private, accommodating, and courteous.

Chose an agency that will fulfill your needs and not break the bank.

Will MVD accept the agency that I chose?

You can check with MVD to confirm that the agency you have chosen is certified and the screening report will be valid.

MVD can be reached at (602) 255-0072. You can also check MVD’s website by going to the link below:

https://azdot.gov/motor-vehicles/driver-services/driver-improvement/screening-and-counseling-resources

What will I have to do when attending the classes for the alcohol program?

These classes are provided in a classroom setting and with a group of people.

You will have to attend classes for DUI education and as well as group counseling.

These classes are held at different facilities and you will have the opportunity to choose a facility near you. You will also decide which days and times you will attend classes.

Case Evaluation

Your case evaluation with R&R Law Group has been set, how do I prepare to talk about my case?

There are a couple of things that can be done prior to speaking with an attorney, first make sure that you are in a quiet setting. A place where there is no background noise and all your attention can be set on your case evaluation.

This is important because you want to make sure that all your questions are being answered and you’ll be focused on all the information that you are retaining from the attorney.

Making a list of questions so that when you are talking to an attorney you can check them off.

Research

A little research never hurt anyone.

Being informed prior to talking to an attorney about your case can only be helpful.

It also let’s the attorney know how important your case is for you and why – what are your biggest concerns?

Paperwork and Citation

Having all documents regarding your case is the most important of all.

This helps the attorney know what is currently happening with your case.

It let’s us know exactly what needs to be done.

All information regarding your case is on your citation like case number, which court you have to appear in, when you have to appear, the exact charges against you.

Making sure that you know all these specifics to your case is very important as well. For example, knowing the specific date incident happened, knowing when your next court date is, etc.

Know exactly what it is that you want from an attorney.

Take notes about what the attorney is saying

Court Requirements and Case Review

You might be wondering whether you have to be present for a Court hearing. When someone has a pending case, whether it’s out of a Superior Court, Justice Court or any other Court, a common question that comes to mind is, do I have to appear for Court? The answer depends on the type of case you have and what court the case is held.

Felony Cases

If you have been charged with a felony offense it is a requirement to be physically present along with your attorney.

Whether you hire a private attorney or are assigned a public defender you must be present at every court hearing.

The Judge will require the Defendant to be present and if you are not present the Court will issue a warrant for your arrest.

If you have been charged with a felony and it’s out of County there is the possibility that you may be able to appear over the phone.

Some of the circumstances do depend if you are able to appear by phone or not, if you are out of State the likely hood of that being able to happen are pretty high.

In some cases, both the attorney and the client can call in to Court, with Court approval.

Misdemeanor Cases

As far as Misdemeanor cases goes, if you have hired private counsel, the attorney is able to attend most of the hearings without you having to be present.

Meaning, that you will not have to be present at the court. Although, for some instances such as, the attorney being able to come to a pretrial solution with the State where they are able to have a favorable outcome in your case, you may be required to be present for that one time in order to have your case be closed out.

If your case is being taking to trial, then yes – you will also be required to be present. The pretrial stage of a case will be able to be handled by private Counsel for the most part, except for that one time if attorney is able to close out your case before.

If you have not hired counsel, then you will be required to attend the court hearing that has been scheduled.

If you do not show up to the scheduled hearing the Court will issue a warrant, and, in some cases, there could be a license suspension.

If a public defender is assigned to your misdemeanor case, then you will not have to appear at Court and it will be the same procedure as if you had a private attorney.

What if my case is being set for trial?

If your case has been set for trial, you do have to be present.

If you live out of State, we are able to handle most of the case without the presence of the client, if it is absolutely necessary for you to be present, we may be able to file a motion for you to appear telephonically.

Civil Cases

Civil cases will work the same way that misdemeanor cases do – if you have hired an attorney for some instances the attorney is able to attend the court hearing for you, but you may be required to be present at the Civil Traffic Hearing depending on the circumstances. If you have not hired an attorney, then you do have to be present.

Why does a lawyer need my information to review my case?

Can they even help me?
How much will it cost?
If I can’t afford an attorney what will I do?
How do I know I can trust them?

With those questions in mind, how is it that you can give a total stranger information about yourself?

Well we are here to tell you that we want to help and the way we can do that is by having the information necessary to provide you with accurate legal advice. We are trained professionals that know and understand how important the safety of your information is.

Normally, our Intake Assistant would start by asking for your name. This is important, along with your date of birth, to look up information about your case. We use websites like Public Access, Maricopa County Justice Courts, and Docket to locate your case. This provides us with accurate information about your case. Your name also helps address you in a proper way.

Why do you need my email and phone number?

A good working phone number and email address are crucial when it comes to getting in contact with us.

We use phone numbers to call you when you have a case evaluation scheduled, follow up with you, and provide you with additional information that we discover.

Email addresses are basically another method to get in contact with you.

Confirmation of appointments, fee agreements, and follow ups are sent through email.

Useful information is also provided to you through email like statistics and reviews on our firm, case outcomes and testimonials that can be used to help you decide on how to move forward with your case.

Why do you need to know which court I have to appear in and when?

Our firm works with all the courts out of Arizona. The reason why we ask for this information is because processes and outcomes vary from court to court.

Each court has different judges, and there are many that we are familiar with. We know what they like and dislike which becomes very beneficial for the course of your case.

Knowing when you have your next court date is extremely helpful to us.

This tell us how fast we need to act on your case and decides what our first step is.

Our new clients come to us at may different stages of their case, whether it starts with an arraignment or with a second pretrial conference.

Why do you need my case number?

In some situations, we are unable to locate your case with just your name and date of birth, that is why we ask if you have a case or complaint number. In other words, it is best to collect as much information about your case, so we do not run into a wall.

Why do you need to know what type of case I have?

At R&R Law Group our sole focus is Criminal Defense, in that category we have many different types of cases and when it comes to speaking with you about it there’s no shame in not mentioning what you need help with.

This is crucial, and it gives us an understanding on what we can do for you. It lets us provide you with options and possible outcomes regarding your case.

We know that you are just looking for advice, not to be committed to us, but it is still best to have all this information now. Should you decide to hire right away, we would have gotten this hard stuff out of the way already.

I’ve received a summons, what does this mean?

When you receive a summons in the mail it means that you have been summoned to appear at the Maricopa County Superior Court at the given time and date.

The reason for receiving a summons is because you have a pending case which needs to be addressed.

Usually when you have a summons you are scheduled for an initial appearance.

Do not confuse a summons with a warrant.

A warrant means that you missed a court hearing and there is a Court order for your arrest to go to Court.

A summons is simply notifying you that you have formal charged pending against you and that you have to attend the Court hearing.

How should I dress when I go to court?

Formal attire is highly suggested when going to your Court hearing. Collar shirt, slacks, belt, and polished shoes.

What does an initial appearance mean on my summons?

An initial appearance is the first time that you see a Judge.

If you have been held in custody an initial appearance must be held within 24 hours.

You are advised that you have a right to an attorney, if you are not able to afford an attorney a public defender will be appointed, you also have the right to hire a private attorney to assist you with your matter.

At this hearing you will be seen before a Judge and he will let you know why you have been summons to be at court and what the presumptive charges are.

Release conditions will be established at this hearing, which you will have to follow and abide by.

The court will issue a new court date in approximately 30 days.

Defensive Driving School

Many people are not aware of Defensive Driving School and what this course can really do or how it may impact a civil traffic citation.

When someone has been cited with a traffic violation, many people may worry and think that there is nothing else that can be done and that all you will be left with is paying a fine and getting points on your driver’s license.

The unknown may cause stress and anxiety to many who have never been cited with a traffic violation or who have a clean driving history.

If you have not taken defensive driving school within the last year then this may be a great solution for you, as it will get your ticket dismissed with the Court.

To familiarize yourself more with it, here are some of the common questions and information about this school.

What is Defensive Driving School?

Defensive Driving School is a course that someone can take in order to have a dismissal with the Court when they have been cited for a civil violation.

This course may be taken online or in person which ever is more convenient.

If you choose to take this course online, the course will be around 4 hours. You may take breaks and continue your work or finish all in one sitting – your choice.

If your choice is to complete the course in person you will be able to choose the location that is closest to your home and attend the class, this will also take around 4 or more hours.

Investing in completing this class is very beneficial, since you are able to avoid spending extra money since you were not planning for it in the beginning. The end result will be to not have anything on your record.

You may check if you are eligible to take the course. Go this website here, enter your personal information and if it take you to the next page then that means you are eligible, if you are not eligible to take this class it will let you know “Ineligible”.

To go to Defensive Driving School and look for a class you may log into – www.azdrive.com.

You will need your citation with you at this point since it will ask you for your, complaint number, court, next court hearing scheduled, and driver’s license information.

On average, both online course and in person cost roughly $230.00 dollars. This is a onetime payment and must be paid in full once you register.

Within the fee of the driving school is the fee with the Court as well, so this means that you will not have to pay an additional cost with the Court.

You do have some time to be able to come up with the money.

The course will have to be completed seven days prior to the court hearing extension but that is usually given 30-45 days out.

After completing the course if you want to make sure the court has received it you can email, if they take email, fax, or mail directly to the court so they can have a copy.

After completing this course, it will take approximately 5-10 business days to have the school sent the certificate over to the Court and they do have to wait to be received payment from the school.

The court will then update everything in their system and the case will be dismissed.

Most of the times the Court does not follow up with you to confirm the case has been closed out and it can be very overwhelming.

To ensure they have received the completion you may do so by calling the Court to confirm, you may also request a confirmation that your case is closed out with the court to be emailed to you or mailed to your mailing address.

If you are not eligible for Defensive Driving School, you may want to consider speaking with an attorney to discuss the implications on your driver’s license. The attorney may advise that in order to avoid a suspension you will have to conduct a civil traffic hearing.

Discovery Phase of a Criminal Case

Discovery is the process that allows the Defendant to review and exchange evidence with the Prosecutor.

Both sides are required to provide a list of potential witnesses, specific information regarding expert witness, a list of tangible objects that will be used at trial and a list of video, audio recordings, and written evidence that may be used in trial.

In short, no documentation, video, audio recording, or witness may be used at trial unless it was previously disclosed.

Practically speaking, the Defendant will most often be asking for more discovery information from the State.

The reason for this is simple, the State carries the burden of proof. The State’s witnesses, law enforcement officers, have gathered and collected evidence that leads to the charge.

In order to defend themselves, Defendant’s need to see that information.

When is discovery required?

In misdemeanor cases the State is required to make initial disclosure at the first pre-trial conference. In felony cases the State must make initial disclosure available by the preliminary hearing, if no preliminary hearing is held then by the arraignment.

What is disclosed?

Initial disclosure consists of relevant police reports, witness lists, prior conviction information, evidence that tends to disprove the State’s case, search warrant information, expert witness information, and more.

Initial disclosure merely initiates the discovery process. The adversarial nature of criminal law means that the State will not willingly provide everything they have right away.

Instead the State will provide the bare minimum required by the rules. It is important that the Defendant make additional discovery requests as needed.

Witness lists, lists of audio or videos, lists of written material will come in the form of piece of paper. The Prosecutor will list all the material they believe they need to prove their case.

Police reports are usually provided in their entirety and not in list form. The most common and recognizable portion being a narrative section, the written explanation of what the officer observed, and learned from witnesses while investigating.

However, disclosure of one police report and narrative may not be the only police report in the case. Prosecutors rely on officers to provide police reports for initial disclosure.

Often the lead officer will only provide their report and narrative. Other officers who participated in the investigation should have written their own reports.

If those are not provided in initial disclosure a written request must be provided to the Prosecutor for the missing reports.

Any information that is within the possession and control of the police officers legally determined to be within the possession and control of the Prosecutor.

What if I want more information?

Additional requests to the prosecutor for material and information that is missing or contained in lists is called a supplemental request.

The rules of criminal procedure dictate that supplemental discovery requests must be answered within 30 days of the date of request.

If the State fails to respond or does not provide the requested discovery the Defendant or the Attorney has the option to file a motion with the Court asking a judge to order the State to provide the requested information.

In some cases the Defendant or their Attorney can ask for sanctions against the State for failing to disclose material. Sanctions can include dismissal, a continuance, preclusion of the material, or any other remedy the Court finds appropriate.

However, the Court must chose the least onerous sanction given the nature of the discovery violation.

Likewise, police reports can contain information that leads to further disclosure that the Prosecutor may not realize exists in their case.

Carefully reading and reviewing the police report may lead to additional information that will be helpful for your case. Discovering the inverse is true as well.

When information is discovered in a police report that may not be helpful to a case it might be best to leave that information incomplete by not asking for additional material.

Knowing when to request discovery and when to strategically wait for discovery is an important aspect of the discovery process.

The State’s burden to prove a Defendant guilty means that the State itself has the burden to make sure they have disclosed all material they will need to prove their case.

The State has a duty to disclose witnesses, evidence, and material throughout the case, this is known as a duty of ongoing disclosure. Final disclosure must be made at least 7 days before trial.

If the State or the Defense needs to provide disclosure after the final deadline a motion must be filed with the court requesting permission to make late disclosure.

That motion must contain a supporting affidavit justifying the disclosure. If the justification is not adequately provided disclosure should be denied and the evidence precluded.

The discovery process also allows the Defendant or their attorney to interview witnesses that the State will use at trial, including police officers. Any witness who is material to the criminal charge may be interviewed, except for victims of a crime.

A victim of a crime is given special rights in Arizona and although they may consent to an interview, they are not required to provide an interview like other witnesses.

If a witness refuses to provide an interview the Defendant or their attorney may ask the Court to order a deposition. If the witness fails to appear at the deposition then the Court may choose to prevent the witness from testifying, thereby damaging the State’s case.

Officer interviews can be a daunting task. A police officer is a professional witness.

Think about it, part of a police officer’s job is to testify in court. Their testimony must be believable, understandable, and is designed to get a conviction in the case.

The officer will attempt to downplay facts and information that will be beneficial to the Defendant and will spend lots of time describing facts and information that will support the State’s case.

The officer’s testimony begins at the interview. During the interview the Defendant has the opportunity to ask open ended questions.

Questions designed to make the officer explain why he or she did something. Why they chose to believe one person over the other, or why they chose to interpret information a certain way.

Asking open ended questions can lead to valuable information to be used in your defense. Likewise, asking why an officer made a decision can reveal ingrained biases that the officer may have that can be useful in the courtroom.

If the State refuses to provide you with information you can ask the Court to order the State to provide it to you.

The information you request must be relevant and necessary for the case, and you have to have a substantial need for the information in order to defend yourself.

You cannot request information from the State that you can obtain easily yourself.

If the judge does not order the state to provide you with information and the material is within the control of a government agency you may make a public records request for the material.

Public records requests are only applicable to information in the Government’s control and are conducted outside the process of the criminal court.

Public records request can be used to obtain discipline information about the officer involved in the case, video evidence, GPS data, and much more.

Can I use a subpoena to get information?

The prosecutor can only provide information that they have in their possession and control.

If you want to obtain evidence from a business or third party you will need to use a Subpoena. A subpoena is a court order issued to an individual or business requiring them to provide specific documentation or material. You must provide your own subpoena to the Court.

It is rare that judges will deny a subpoena. However, the request must be reasonable and narrowly tailored to what you need. Judges guard against fishing expeditions.

Once you obtain a subpoena you will have to pay to have that subpoena served by a process server on the business or individual who has the information.

If the subject of the subpoena does not cooperate the Court can order that person to appear and explain why the disobeyed a court order. This could lead to additional legal consequences for the individual.

The use of a subpoena is a valuable tool. However, the abuse of subpoena requests will be immediately addressed by the Court. Use subpoenas to make uncooperative third parties, like businesses, provide you with videos, receipts or other information that will tend to disprove your guilt.

Not all States have the same rules for discovery. Arizona happens to be fairly open with their discovery process. This is helpful for most cases.

If you hire an attorney who has the knowledge and tools to extract information about the case from the discovery process it can open doors to more lenient plea agreements and possibly trial defenses or a dismissal of your case.

Information

Why does a lawyer need my information to review my case?

Can they even help me?
How much will it cost?
If I can’t afford an attorney what will I do?
How do I know I can trust them?