what is the penalty for first offence aggrivated DUI in Az.

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PostPosted: Wed Jan 02, 2008 3:00 am   Post subject: what is the penalty for first offence aggrivated DUI in Az.  

I was bowling with my children, on the way home I was stopped with 9 children in the car, I blew over the limit and was givin a aggrivated DUI. I wonder what the penalty will be. No prior arrests or convictions.

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PostPosted: Wed Jan 02, 2008 6:56 am   Post subject:   

What was the average age of the kids riding with you at that time? Were you driving under influence?



My friend, the DUI considers such fault very seriously when it involves young passengers (children below 15 years of age). You may face severe penalties for such offense.


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PostPosted: Wed Jan 02, 2008 7:24 am   Post subject:   

Quote:
No prior arrests or convictions.




But unfortunately, felony involving children, as passengers, may attract hefty penalties in Arizona. You may face license revocation for up to 3yrs, in addition to the conviction for 4 months to 2years. You may even be placed under probation for up to 5 years, depending upon the decision of the authority.



Hope the inputs help.

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PostPosted: Wed Jan 02, 2008 7:29 am   Post subject:   

Agreed. You may also have to pay $150,000 as fine, plus 80% of it as surcharge, with an additional $250 as the assessment to the Arizona DUI Abatement fund.


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PostPosted: Wed Jan 02, 2008 12:29 pm   Post subject:   

Quote:
I was bowling with my children, on the way home I was stopped with 9 children in the car, I blew over the limit and was givin a aggrivated DUI. I wonder what the penalty will be. No prior arrests or convictions.
I'm sorry. you posted it, so I'm gonna respond.....ARE YOU FREAKIN' KIDDING ME!????? You were driving drunk with NINE kids in the car? And you appear more concerned about your penalitys rather than what harm this caused these nine children, Is this a joke post?



ahhhhh, first this is an insurance forum...did you get into an accident too? How did the cop come to pull you over.....and breathalize you?



How about willful endangerment of a child..which is also a felony, and exactly what you did....what about civil lawsuits from the parents of these poor kids, (the ones that aren't yours i assume all nine arent' yours)....on top of all the 'other' legal problems you will face....I wouldn't be surprised that you might get some 'shock' jail time for this...and if you were in an accident too...mercy...i hope you are insured....If you are divorced or a single parent, maybe the father/mother can come after custody now, or minimally supervised visitation...it is just huge what 'could' happen....



I don't mean to sound harsh...judgemental maybe, and I can handle that label in this situation. I quit drinking myself about four years ago, (so I know what I'm talking about)...prior to that, there were many many times I drove when i shouldn't have, HOWEVER, I would've never gotten behind a wheel after even one drink if I had a child in the car....



I think that clearly you need more than legal advise (which we cannot provide, and clearly you need an attorney)....You need to either stopping the drinking yourself, or get your butt to rehab....anyone that cannot control their 'thurst' when they have the responsiblity of nine children, definately has a problem with alchol....please please get some help......Sounds to me like 'someone' is giving you a wake up call....This could've been a terrible tragedy for many many people...



You've made a mistake that the law will require that you pay for...You also owe these children an apology minimally. And years of setting a better example for your own children. We all make mistakes, fruitfulvine, and all are entitled to a second chance....I'm hoping that you are truly sorry for this, and will face up to your responsiblity, and come out the 'other side' a better person for it...I have faith that any that want to change can.....please let us know if we can be of further assistance to you......I'm so very sorry you're in this postion.


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PostPosted: Wed Jan 02, 2008 7:47 pm   Post subject:   

In Arizona, Aggravated DUI is a Class 6 or Class 4 Felony. I strongly suggest you get a lawyer.



May I suggest:



Weingart Law Firm

430 W. Warner Road

Suite 116

Tempe, AZ 85284



Free consultation



Phone: 480.897.8737

Fax: 480.897.7788



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PostPosted: Wed Jan 02, 2008 9:41 pm   Post subject:   

Knowing Arizona she was probably stopped in one of the numerous driving check points that pop up fairly frequently in some areas. Especially around New Years eve. Like the other I totally agree what were you thinking drinking and the driving especially with kids in the vehicle. Around the holidays especially I always make sure if I am going to drink I get a designated driver, way to many drunk drivers out there. A friend of mine just got into an accident new years eve at 900pm having his car totaled by a drunk driver. And as my mother has proved many times to me once you start drinking you can convince yourself that you are still ok to drive.



Seek a lawyer. And you may be able to get a restricted license since its your first time. This only allows you to go to work and back home and a few limited other places. Enroll in AA also.

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PostPosted: Thu Jan 03, 2008 11:03 am   Post subject:   

Quote:
And as my mother has proved many times to me once you start drinking you can convince yourself that you are still ok to drive.




You have a smart mama.......never thought of putting it that way...but she is 100% on target...how many times have you heard (or said yourself) someone drinking say, 'hey, i'm fine to driver' as opposed to, 'hey, i'm not ok to drive'....drink is not only courage in a bottle, but a great illusionist in many many ways.......


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PostPosted: Thu Jan 03, 2008 3:20 pm   Post subject:   

In truth I was talking about her inability. She can't drink just one. There have been times where she was supposed to be the DD I get my drink and a little later I see her with one. And then a little later shes got a pitcher, So I will switch to drinking regular cokes and not drink myself. And then at the end of the night when she is staggering she tells me she can drive no problem, I just tell her I'll drive I already have the keys.

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PostPosted: Fri Jan 04, 2008 1:48 pm   Post subject:   

Quote:
In truth I was talking about her inability. She can't drink just one. There have been times where she was supposed to be the DD I get my drink and a little later I see her with one. And then a little later shes got a pitcher,




Oh honey, I see that now!



Quote:
my mother has proved many times




sorry I mis-read it! That's how I was when i drank...''one is too many 12 is not enough"...



some folks are that way (me included-took me years to admit it though...haven't drank in about three or four years now, and no desire to do so either)....



Ok, how about 'shame on mama' ha ha... WinkVery Happy . Very Happy



glad you have the intelligence and moral fortitude to



Quote:
So I will switch to drinking regular cokes and not drink myself. And then at the end of the night when she is staggering she tells me she can drive no problem, I just tell her I'll drive I already have the keys




THAT is responsible drinking! great job!


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PostPosted: Mon Jan 07, 2008 12:05 am   Post subject:   

I live in PHX area....of AZ... which is in Maricopa county...



OP are you ready to visit Uncle Joe?? Thats the new law they past here a month or two ago..



For those that live outside AZ. He is the one that makes inmates wear PINK!!!



Sorry OP, even though I am a person in recovery, I dont have any simpathy for a person driving drunk... regardless

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PostPosted: Mon Jan 07, 2008 11:32 am   Post subject:   

I'm with you SunDevilsFan! never heard ''uncle joe'' before!



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PostPosted: Thu Mar 27, 2008 9:01 am   Post subject: DUI with children inside the car  

iam from ArizonaI was driving on easter night with my wife and kids. I drank 2 glassess and my test showed .59. 2 of my kids are 12 and 9 and one 15 and 9 months. This is the first time for me and I was not aware of the law. What kind of punishment will I get


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PostPosted: Thu Mar 27, 2008 10:15 am   Post subject:   

Grab your hat 'insight' (NOT)...cause I'm gonna let you have it...



Quote:
I drank 2 glassess and my test showed .59. 2 of my kids are 12 and 9 and one 15 and 9 months
. You are saying you had been drinking then drove with your babies in the vehicle and got a DUI? Are you freakin' kiddin' me?! ShockedShocked I cannot believe there is a parent in this world that does things like this... Shocked this is outrageous! .
Quote:
This is the first time for me
right...I'm buyin' that!
Quote:
and I was not aware of the law
. Not aware that it is illegal to drink and drive? That's just crazy..do you think we are all stupid? there isn't a five year old kid that doesn't know that is against the law...why don't you try that one on the judge.... Rolling Eyes
Quote:
What kind of punishment will I get
_A big and bad one..you may even lose you children for a while, they will more than likely file child endangerment charges against you if they haven't already....you are in a heep of trouble boy/girl for sure! You need to get an attorney and hit you knees...and beg for forgiveness everywhere, starting with your children...





Look, I'm not not talking thru my hat, I used to drink (ALOT)....never ever ever would I have drove with my babies (who are now 29 and 27 yrs old) for anything in this world! ....we all make mistakes you've made a whopper now what are you gonna do to make up for it? You didn't show remorse in your post only worrying about what your punishment would be...so I'm not very optimistic that you have learned your lesson, but hope springs eternal in ''lori land''....hopeful....you have learned a lesson and will go forward never drinking again.......



Your punishment? well first of all you didn't tell us the state you are in why they pulled you over etc....but frankly it won't nearly fit the crime or what you have done to your kids....


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PostPosted: Tue Sep 01, 2009 1:37 am   Post subject: Same Issue...  

Wow......You know I have a friend his wife did the same thing.....except with 2 kids in a golf cart and ran in to a now moving escalade....



HMMM.....She is stoooopid too......Where is the sense...seriously..do you have your shoes labeled left and right....how do you type on the keyboard...do you kids do it for you... OH....isn't there something called CPS....Child Protective Services.... they may not be your kids for too long.....once agian, please allow me to reiterate....STOOOPPIIDD...


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