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Month: January 2014

What happens if I refuse a Breathalyzer, blood test or other chemical test in Arizona?

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“the law does not give motorists charged with DUI the right to refuse the test; it only gives them the power to refuse and provided for certain consequences of such a refusal” Tornabene v. Bonine, 203 Ariz. 326, 334, 54 P.3d 355, 33 (Ariz. App.Div. 2, 2002)(Quoting State V. Krantz First, it is important to […]

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What is “immigration court”?

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The immigration courts and their appellate division, the BIA, are independent from the U.S. Department of Homeland Security but  still part of the United States Department of Justice. The umbrella term for both the trial court and the appellate division is the Executive Office of Immigration Review (EOIR). The EOIR is an administrative body and […]

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What is Voluntary Departure?

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Voluntary Departure is when an alien is allowed  to leave the United States independently if he can pay for his or own trip.  One desired benefit this form of relief  has is to allow the alien to immediately return to the U.S. if there is a legal way to do so. Furthermore, because a voluntary […]

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2nd Time Regular DUI (non-extreme) punishments

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If you or someone you know is charged with a second “regular” DUI within 84 months of the of the first DUI commission severe punishments await upon conviction. A “regular” means a BAC of .08 but less than .15. Jail: 90 days but 60 may be suspended. This means if you may not have to […]

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How do I know if my license is suspended in a DUI case?

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Normally, there are two ways you notified of an Order of Suspension: in person or by mail. In the case of a refusal to submit to a chemical test, the police officer will take away the license on the spot, serve the motorist with an Order of Suspension, and issue a tempororary driver ‘s license. […]

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What is the difference between pleading “Guilty” and “No Contest”?

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When a Defendant pleads “guilty”, it means the Defendant is admitting to all the facts alleged the plea offer. A plea of “no contest” means that the Defendant, although not admitting to the facts, agrees that if there were a trial he would lose. The Judge still finds the Defendant guilty in both cases. The […]

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“Regular” DUI punishments and fines Part. 1

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If you are charged with a 1st time regular DUI you will be facing the following punishment, fees and fines. “Regular DUI” can be either: impaired to slightest degree above a .08 any drug any drug metabolite vapor releasing substance JAIL Range 1 day – 6months for misdemeanors in general Minimum 10 days jail, but […]

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