Interviewer: If the case gets overturned, what possible effect might it have on the DMV hearings?
Brian Sloan: The Motor Vehicle Division hearing, if there is going to be a hearing, is basically going to be on the aspect of whether the driver was suspected of being suspected of being DUI at the time they were being arrested. That is different from the one-year license revocation that they would receive for being convicted of the DUI.
If Your Case has Been Overturned, Your Attorney Will Work to Immediately Reinstate Your License
What we are attempting to do, and it sounds like we will be successful, is overturning that revocation and giving the person their driver’s license back immediately, without having to go through a revocation packet and without having to jump through the hoops that would normally come with attempting to get their license back.
Interviewer: What about points on a driver’s license from the original conviction. Do you think any of those points would be given back or taken away?
The Eight Points Added to Your Driving Record from a DUI Conviction Should Be Voided
Brian Sloan: Yeah. The eight points that would normally come with a DUI conviction on someone’s Motor Vehicle Division record should be voided out so that the person no longer has those eight points associated with their Motor Vehicle Division record.
Will the Age of a Drug-Related DUI Case Be a Factor?
Interviewer: How recent does a case have to be? If my case occurred over five years ago, is that going to be considered too far back to overturn?
There Is Currently No Time Limit on Whether or Not a Case Can Be Overturned
Brian Sloan: Technically, at this point, there is no limit. I think that, as time goes on, there is an argument that it becomes too late because of the timeliness of filing the motion. There isn’t necessarily a case that is too old. We can go back 20 years, if we need to go back 20 years, to a conviction; but, as time goes on, at some point it’s going to be not timely to refile the request to overturn a conviction.
You Do Not Have to Complete Any Probation Requirements before Applying to Have Your Case Overturned
Interviewer: What if I’m on currently still on some form of probation. Let’s say I still have an ignition interlock device and I’ve been on this for about a year. Would I have to complete my probation before I try to see about getting it overturned?
Brian Sloan: There is no requirement to complete anything. This is attempting to overturn, basically put someone in the position of Day 1 again, and hopefully have the entire case dismissed. There’s no requirement that the client completely pay off their fines and fees, or complete their license revocation, or complete their ignition interlock device, or get off of probation.
This is something that someone can do immediately and hopefully stop any form of probation, or ignition interlock device, or license revocation, or payment of fines and fees. It literally takes everything to a screeching halt and hopefully undoes everything that has already been paid into the system.
If a Drug-Related DUI Case Is Overturned, Will You Still Have a Criminal Record?
Interviewer: How would it look on my record if my case were overturned? Would it be erased, as if it didn’t exist?
The Current Conflict about Erasing a Charge Lies in the Fact That Arizona Does NOT Allow Expungement of Records
Brian Sloan: It really should be erased, but I think the problem is that the courts now have to deal with this issue and they really haven’t had to deal with something similar to this before. Arizona does not have expungement. Expungement is usually completely erasing someone’s record. Arizona courts don’t even know how to deal with this. It should be erased.
That was one of the conversations that I was having with the court today, because the court staff got in touch with me and said that my motion was granted, and that the conviction was set aside.
However, setting aside a conviction is something less than what I am requesting. I want it completely overturned, basically erase everything, and indicate that my client is completely innocent. What the court staff was indicating to me was that they were simply going to set it aside, which just means that the case is over, but there’s still indication of a conviction having taken place.
So there’s still some arguments. It just comes down to there’s this new territory that even the courts aren’t familiar with.