Legal Question in DUI Law in Arizona

My brother fell asleep behind the wheel and rolled it!

In 2004 my brother fell asleep behind the wheel and he rolled his truck they took him to the hospital and when he was released he didn't get any paper work at all. And in 2005 he was picked up for dui and probation violation and they dismissed it because the messed up and said the took his blood at one hospital and he was never at that hospital so they dismissed it. And he did 30 days for the probation violation. Now the put a warrant out for his arrest on the same Dui charges same evidence. Can anybody tell me what's gonna happen now. And will it help if I write the Judge on my brothers behalf. He's the only family I have left. My dad and brother died in 1999 in a car wreck, and I had to pull the plug on my Mother in 2005 she was on life support. And my brother was in jail then. Please can anybody give me any information on what I'm asking. Please help!!!!!!!!!!!


Asked on 8/11/06, 7:12 pm

2 Answers from Attorneys

Christopher Winchell Winchell Law, PLC

Re: My brother fell asleep behind the wheel and rolled it!

They can dismiss a case and still have the right to refile the case. In my opinion, your only help in writing the judge would be on sentencing, if your brother is convicted. What he needs to do is to fight the charges that he is facing. That means picking apart the prosecutor's case against him, which he needs any attorney for. If he can afford a private attorney he should get one. If he cannot, than he will have to rely upon the public defender.

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Answered on 8/11/06, 10:42 pm
Edward Loss The Law Offices of Edward A. Loss III, P.C.

Re: My brother fell asleep behind the wheel and rolled it!

Writing a letter to the Judge is a waste of time. This sounds like a very complicated case and space does not allow an in depth response here. See our website at www.azduiatty.com and call our office. Ed Loss

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Answered on 8/12/06, 12:31 am


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