Interviewer: What should I do if I don’t remember all the details of my conviction? Could I call you in order to get some information to see if I would have a case that might be eligible to be overturned?
Contact an Attorney
Brian Sloan: It’s always a good idea to ask questions. If you are not absolutely sure, give a call. You don’t want to miss out on an opportunity. Unfortunately, I do have to charge more if it takes more research. For the client that has a copy of their police report, that has a copy of their plea agreement, that is a much easier case for me. So I would do that type of case for $500.
The Attorney May Have to Charge a Higher Fee If Did Not Retain Any Records of the Conviction
For the client that doesn’t exactly remember what they pled guilty to and doesn’t have a copy of the police report that would take a lot more time and effort on my part to track down whether the person even qualifies. So I would have to charge more to go to the court, get the police report, to the police station, get a copy of the file, find out what the person actually pled guilty to.
The Overturning Currently Only Applies to Individuals Convicted under Statute 28-1381A3
It’s still a good idea to call in, because I may be able to do that on the computer while I’m on the phone with the client and figure out if there’s even a possibility that we can get this overturned. Now this type of situation of overturning the conviction at this point is really limited to someone who was convicted solely of a DUI based on 28-1381A3.
They may have other types of criminal or civil offenses along with that; but, as far as DUI charges go, it can only be based on DUI, drugs or medications, under 28-1381A3.
There May Be a Possibility of Overturning a Drug-Related DUI Case Not Solely Attributed to Marijuana as Long as Testing Shows the Presence of the Inactive Metabolite
Personally, I think that this also applies to people who pled guilty to being impaired to the slightest degree by drugs or medications under 28-1381A1, if all they had was drugs or medication in their system that was an inactive metabolite. Not necessarily only marijuana inactive metabolite, but any inactive metabolite of a drug or medication; but we are seeing a little bit more of a push-back from the prosecutors on those types of cases that might require a bit more fighting.
Interviewer: What should I be looking for on whatever paperwork I have that gives me an indication that I might be able to overturn the conviction?
Brian Sloan: The biggest thing would be looking towards the top of the document, the plea agreement, where it says, “I agree to plead guilty to,” and then it will say, “DUI.” There will be a number there that will either say “Arizona Revised Statute” or it will say “ARS 28-1381A3.” That would be a good indication.
Can You Work with Another Attorney to Overturn a Previous Conviction?
Interviewer: What if my previous case was handled by another attorney? Can I still work with you or would I have to contact that other attorney?
You Can Work with a New Attorney
Brian Sloan: Absolutely. The other attorney has been off the case since the case ended. Anyone can hire me to pick up the case and start moving with it. Probably half the clients that I’m representing now are people who were previously represented by other attorneys, and they decided to hire me in order to take care of this issue and attempt to get the case overturned.
Interviewer: Would I have to contact my previous attorney to get information?
Brian Sloan: Yes. You can contact your previous attorney to either talk to them about this situation, or to get a copy of the police report, or to get a copy of the plea agreement. You can also hire the previous attorney.
What I’m offering is a very reasonable rate of $500. I do believe most other attorneys are going to charge a lot more money, and I have the motion all written up. I have the experience, and I have proven results, by the courts agreeing with me and the prosecutors already agreeing with me on this issue.
