brian sloan profile picture

The After-Effects of a DUI-Related Vehicular Assault Case – Seventeen Years Later

Interviewer: Can you tell me recently, in the past few months, the circumstances of any interesting cases?

Brian Sloan: I had a client that was charged with aggravated assault, vehicular aggravated assault. It was alleged that he was driving under the influence of alcohol, and that he got into a multi-car fender bender. It was the domino effect. He hit one car, and the car in front of that hit another car.

He was taken, if I remember correctly, he was taken to the hospital, and he was released. Then he stayed at his house for about six months. Never heard another thing about the incident and moved to California, where he lived his life out in the open for 17 years. He kept the same address and had a child.

Then, one day, he comes home with his now-17 year old child, and there are police officers in his yard with guns drawn taking him down and threw him to the ground and handcuffed him and try to bring him back to Arizona.

At this point, he has absolutely no idea what’s going on. They tried to extradite him to Arizona. He keeps fighting against it because he has no idea what’s going on, and they technically spelled his name wrong on the extradition and on the warrant. He keeps fighting it. Ultimately, he does end up back in Arizona and he ends up with a public defender.

Now, technically because of the charges, he’s looking at anywhere from five to fifteen years in prison. He was charged with aggravated assault injuries, that he injured another person while driving recklessly while using a deadly weapon or dangerous instrument, which they were arguing, was his vehicle.

Even though 17 years had passed, they basically blamed him for running away, which he left for California just as he had been planning to do prior to the car accident. Then when no charges were brought, nothing happened, he actually did go to court 17 years earlier, and they told him that the case was scratched.

He moved on with his life, and he moved to California and got a job and lived his life in the open.

Through an Agreement with the Public Defender’s Office, Attorney Sloan Works alongside Public Defenders for Clients with Unique Circumstances

Now, he’s in Arizona 17 years later. The public defender arranges for plea agreement for two and a half years in prison. The prosecutor really wants to punish him with years in prison and a felony on his record for a car accident that occurred 17 years earlier. The client decided to hire me on for what’s called Knapp Counsel. Basically, that allowed me to associate with the public defender’s office. Through that association, I received permission from the public defender to write motions and the permission to argue those motions.

Due Diligence—Did All Parties Involved Uphold Their Responsibilities?

I was asking for the case to be dismissed under an argument that’s called due diligence. The due diligence argument basically says that the prosecutors and the court and the officers have a duty to bring someone to trial. It is not enough to simply issue warrant and hope one day that the person gets picked up.

They actually have to take steps to try and find the person and bring him to justice, specifically to prevent a situation like what we have here; where a person moves on with their life and now, all of a sudden, 17 years later, you are trying to punish them for something that happened nearly two decades earlier.

We filed the motion, but there’s a lot on the line. If I win the motion, which I really should, that would be fantastic. My client gets off, no problems. If we lose the motion, then he’s going to have to go to trial; and it’s up to the jury to decide whether he gets anywhere from a day in jail up to 15 years in prison.

Instead of His Client Facing 15 Years in Prison, Attorney Sloan Negotiated a Plea for One Day with Time Served

I came in and I filed my motion and right on the verge of arguing the motion, I was able to negotiate a plea agreement for my client. Even though the crime was 17 years old, I was able to get my client only one day in jail with credit for time served and had the charge reduced to a misdemeanor.

If I wasn’t on board, if I wasn’t part of that case, I think the public defender would have probably pushed in for two and a half years in prison.

The Knapp Counsel

The Knapp Counsel is based on a case called Knapp versus Harvey that says that if a person, who is themselves indigent and therefore acquires the services of a public defender’s office, if they have a friend or family that is interested in hiring a private attorney and has the means to hire a private attorney, it doesn’t take away from the defendant’s indigence themselves.

It is okay for the defendant to be indigent and have a public defender, while the family hires a private attorney to associate with and assist the public defender in the joint representation of the client. It’s not really a joint representation. The public defender is definitely the lead attorney, and the private attorney assists the public defender lead attorney.

By Brian Douglas Sloan

city view

Call me today for an
‘In Depth’ Free Consultation

brian sloan profile picture
Brian Douglas Sloan


aerial view of arizona
Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

dui attorney brian sloan headshot

Brian Douglas Sloan

DUI Attorney

Free Initial

small mail icon
Email address:
small location icon
2 N. Central Ave Suite 1929
Phoenix, AZ 85004
triangle pattern