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hustlemeanokay · 4 years ago

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Warning - this got a little long winded... but it’s something that I just... I get long winded about lol. Also - I’m not trying to rag on anyone in the UK who dreams of living here... though I don’t understand it. It’s just - you should be aware and I don’t see this said enough. Yes, it’s delivered in a very passionate way, because it’s shit that is frustrating for people who live here. And I know the UK is far from perfect but the things that y’all do have down, y’all have it down pat.

Okay, I get that the US isn’t a completely horrible place to live, currently. Like, we don’t get jailed for saying Trump’s a complete and total fucking moron. See, I can say that and not have my door busted in and be hauled off to some hole in the ground as a political prisoner.

But when I hear people who live in, like, the UK saying they want to move to America... I swear my left eye twitches just a little bit. Like, I get it - the grass is always greener and all that but... seriously? Are... are they serious when they say that? They... they’re aware of the problems... right?

Not the social and political problems - those are everywhere. There’s racism and sexism everywhere, there’s corrupt politicians everywhere. That’s not what I’m talking about - yes those things need to be worked on but their virtually identical no matter where you are.

I’m talking about things like... health care. Paid time off. Employment laws. The cost of college. The cost of retirement. Fuck, the cost of living. Those things. These systemic problems that are just... glazed over. That effect every single person in this fucked up country. Unless you’re of the super rich - every single one of these things are a problem for you.

Health care. They’re trying to get the whole pre-existing condition thing rolling again. Where, and I’m not even kidding, Trump’s dumbass admin is trying to roll back the Affordable Care Act - which would once again put pre-existing conditions back into play... which pregnancy was considered a pre-existing condition. I wish I was making this up. That’s just a small window into how fucked the system was and could so very easily be again. By the way, the ACA didn’t happen until the mid-90′s. So my generation is the first that was able to actually get pregnancy fucking covered under insurance with no bitch-sessions. And, just for comparison - for the UK peoples out there, we paid over $4000 for the delivery of our son over ten years ago and we had extremely good insurance then that we paid over $800 a month for at the time. That was just his bill, not mine. Just for him. Also - for example... we have insurance, it’s not great insurance but it’s insurance. We pay about $100 a week for it through my husband’s company now. And, to date, this year... we’ve paid... out of pocket, not including the company’s one time benefit of $1500 on an HSA card which is nice but ultimately gone in a heartbeat, so, out of our pocket... not including premiums... we’ve paid almost $10,000 in medical expenses. Only $1000 of it is out of ordinary, for my husband’s procedure that he had to have. The rest has all been RX’s, doctor’s visits, and labs. So yea. There’s that.

Paid time off. You’re fucking lucky if you get any of that here. That’s why companies tout it as being a benefit. “Oh, this company has good benefits” Good benefits = they actually offer insurance, doesn’t mean it’s good - and you get some semblance of paid time off. Companies here aren’t required to pay you anything extra for working on national holidays and they don’t have to give you any paid vacation or sick days, at all. They are only required to give you maternity leave of 6 weeks or paternity leave, if you request it but none of that is required to be paid either. There’s Family Leave, also not paid time off. And, they will and can do anything to get around paying time and a half for overtime. And, getting into the whole Employment laws thing - companies rely on people not knowing the laws so they can get away with shady ass shit. This happens everywhere, from the corner store and the fucking McDonald’s all the way up to corporate offices.

College. HA! There are a million bright brilliant people in this country that don’t have a degree because they couldn’t afford to go to college. Or, their parents made just a smidge too much for them to qualify for financial aid and they didn’t want to be burred under a mountain of debt. We’re talking tens of thousands of dollars of debt, what a way to start your life out, huh? Four years at a University? You’re easily looking at $40,000 plus. Easy. Like, wouldn’t be hard to do at all and that’s not even the “best” University either. That’s just like... that one over there. Oh, and student loans? Yeah, interest is charged on those bitches too. Can’t pay them? Oh don’t worry, you can put them on hold for like 36 collective months or something, but they’ll still accrue interest the entire time. And that interest isn’t fixed either, it’s variable. So, good luck with that.

Retirement? Fuck that. You better hope and pray that social security is still around. For some, even if you do what you’re supposed to and can actually squirrel some away for retirement - you can have some rich fat fuck in an office somewhere decide that he wants your money instead and bam, your retirement is just gone. And that’s assuming you can even afford to have any of your paycheck set aside. Because the cost to live in this country can be insane. True, there are rural places where the cost of living is cheaper but you also don’t get paid shit there either.

And you still have medical bills when you’re old. What about Medicare, you might be wondering? Oh - you mean medical insurance for the elderly? That shit’s not free anymore. Sure, going to the doctor might be. But if you need an ambulance, you’re still fucked. If you need a prescription? You’d better hope you signed up during that small window for your prescription drug plan, which carries a monthly premium, so you can get your prescriptions. Because, old people never need those, right? And what about care? Well, Medicare will cover some care, like certain kinds of home health care. But not all. And if you need to go into a nursing facility for longer than 100 days? You’d better hope you got buku bucks because Medicare only pays for 100 days. Then, you’d better magically grow younger or some shit. Or, hope you’ve been paying for nursing home insurance. And, hope you’ve been updating that policy to reflect the insane rising costs of those places. Or, if you’re lucky, hope you’ve got family that will help take care of you. To get Medicaid though, you can’t have more than $2000 in assets, at all. That includes life insurance policies with cash values. You can keep your house and like one car but that’s it - and you can’t rent that house out or sell that car once you get Medicaid or you’re benefits can be interrupted because somehow, you can turn $500 into $2000 or something. And - this is the really shitty part, say you are in a nursing home and you do manage to get Medicaid. Medicare still won’t pay a dime to the facility but Medicaid will. But... they’ll also take your entire social security check minus $60 a month. So, if you do still have a house and a car to worry about that you cannot rent out, you’ll have to somehow make that $60 pay for any incidentals you might need (think soap... toothpaste... deodorant... your favorite candies... you get the idea) and for property taxes... insurances... all of that. So... good luck with that.

Basically... the slogan here is that you can have the American dream if you work hard. But what they don’t tell you is that even if you do get it? You’re probably not going to be able to keep it.

You can work your ass off your whole life, get that house, build a small business, make it. Not get filthy rich, but do okay. And then you get old and can’t work anymore but it’s okay - you’ve managed to save a little and you’ve got your social security so you’ll be okay. Until you get sick. Or your health starts to go downhill. Then, you’ll watch all that you worked so hard for have to be sold off just to pay your medical bills and go to pay for your care. If you’re lucky, you’ve got kids that can help. But someone, either you or them, is going to have to lose something in order to pay for your care.

If you aren’t rich, you’ll still not be able to make it. There’s never a break.

For a country that’s all about freedom... you’ll never have a single moment where you’ll be free.

And for those in the UK starting to go off about VAT. We still pay taxes. We pay sales tax, property taxes, extra taxes added to our gasoline, to the liquor, to the tobacco products, to fucking tampons! We pay licensing fees, renewal fees, tag fees, registration fees, vehicle sales taxes and title fees. We pay federal income taxes, many states pay state income taxes, fuck - some cities have city income taxes. We have toll roads and toll bridges. We still pay taxes on top of all of this. So give me fucking VAT any god damned day of the week if it means I can go to the fucking doctor and not drop $200 fucking bucks just for them to renew the same fucking prescription I’ve been on for years so I can go to the pharmacy and pay $30 for a generic RX for one month.

#the us isn't what people think it is outside the us #there are very real money issues that people face every day #and everyone faces them #health care #work home life #paid vacations #college #taxes #retirement #long winded #uk #not to rag on anyone #you should just be aware

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daycollins · 4 years ago

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{ zendaya ☁ twenty six ☁ she/her } among the whispers around peach hollow, have you heard of daysia collins? no? well, let’s catch you up to speed. rumor has it, she’s been seen strolling around blueberry boulevard & have lived in peach hollow for six years. it’s good to have her around because i hear she’s a crisis counselor for a living. recent events must have her trembling because it hasn’t be long since everyone found out she flunked school. let’s hope they learned their lesson that the truth always catches up to you.

yall know me. i’m kim, i play winnie, and i’m one of the admins!! this is my damaged but optimistic baby, daysia. ITS PRONOUNCED LIKE DEJA VU :’) i just created her in november but she so quickly became my favorite muse to write. so buckle up! and pls plot w me. i am fragile and if i don’t get any plots i will hide in a dumpster, where i belong.

TW FOR DEATH, DRUG USE, ALCOHOLISM, CAR ACCIDENT

here is her pinterest and a spotify playlist if you wanna check those out ~

daysia jade, day, dj, deej – anything goes. she’s 23 and will turn her head to just about anything. she’s a spring baby born march, 1996.

her childhood was pretty good. she and her brother grew up a year apart, and her parents divorced early. early enough that daysia can barely remember a time where the family was hole, and likes it that way.

however, her father did not take the divorce well and turned to drugs – meth to be specific. he only saw the kids on weekends and even then, daysia and marcus absolutely knew what was happening. perhaps they didn’t know his choice of poison, but they knew that it was just that: poison.

he was never abusive and always took care of the kids, even if he was tweaking out of his mind. there were a few instances that were touch and go, like when he forgot to take dinner out of the oven and it caught fire, or when he forgot to change the sheets – little things that added up.

when daysia was 16 and marcus was 15, they were involved in a car accident. her dad was high behind the wheel, lost control of the car, and they hit the guard rail. they went over an embankment and down a short hill before the vehicle came to a complete stop, flipped over. she watched the life drain from her brother’s face, and never got into a car again.

a good deal of resentment built up for her father, but she remained stoic, even when he went to prison for drug charges and the dui he’d racked up that ultimately killed her brother. she didn’t let anyone know that she was hurting, because she numbed it all. she threw herself into her school work and her artwork, painting constantly. melting colors together somehow helped her cope. she could get her emotions out on paper. in fact, that still rings true today. in her bedroom of the apartment she lives in, she has covered one of the walls in canvas and paints over and over.

in an effort to start life over, daysia left detroit when she graduated high school. she transferred to peach hollow where she went to winchester university, not wanting a lot of attention. this is where she really came to life.

daysia was able to push michigan to the back of her mind entirely, because peach hollow had so much to offer. the people were better. the music was better. the parties were better. the education was better. there wasn’t a single thing she missed from home aside from her mother, who she kept in regular contact with and still does. they’re always texting and facetime before bed every night.

she came alive. college changed her. she was studying a subject that interested her and meeting people who didn’t have to know about her past. she did, and does everything to keep michigan her dirty little secret. she liked the party scene, but only drank or smoked weed. she refuses to touch anything that might turn her into her father. she was even hired on as a crisis counselor for a local hotline, contractual to her graduation.

in the past month, daysia has plummeted, however. nobody would ever be able to tell. she is the queen of poker face, an absolute delight to be around. she can be a little aloof, and is constantly stoned, but it’s how she gets through the day. she is an absolute goof, loves to crack jokes and make people laugh. she loves to laugh herself. these are all traits that show and cover the inner turmoil constantly trying to bubble to the surface.

daysia received word that her father passed away in jail. he overdosed, and she wasn’t sure how to feel. so she didn’t. she did, however, stop doing school work and started drinking more. she flunked out of school and lost her job.

at the same time, she got into her first serious relationship. day fell hard and fast for her best friend, mac. their relationship started out much like a fairy tale. she wanted to keep it like that forever, but her addiction and ptsd took over. she tried her very hardest to hold onto mac, but he moved back to nyc with their best friend, dom, in tow. she still misses them to this day and finds it hard to keep friends like she kept them close. the littlest things will remind her of mac and she’ll start to spiral. two years later and she’s still hung up, but she’ll deny it to the very end.

it’s safe to say that when this happened, daysia crumbled. she realized just how many people she’d lost and how many she had -- and she didn’t have anyone at that point, or so she thought. she continued to isolate and stopped answering her phone, and within the week, her mother was there to drag her home to detroit for detox.

she spent the next few weeks laying in the bathroom, going through withdrawal from alcohol and the various benzos she’d started eating like candy. things were bad. her mother never left her side, and after many na and aa meetings, after snatching pill bottles and miniatures out of her room for months, daysia cleaned up her act. she put on a healthy amount of weight, started working out, went to aa or na two or three times a day until she was comfortable enough to skirt by a day or two without one. she finished up her degree that summer and started waiting tables. she saved up every cent, finally having enough money and credit built up to buy a house where she really wanted to be: peach hollow.

after talking to her old boss, they agreed to take her back on as a crisis counselor when she moved back

so the newly clean and sober (aside from weed lol) daysia is living in a house on blueberry boulevard with @dawsonsawyer

as for her personality and relationships, daysia excels. she is nurturing, so when a friend, or even a stranger is hurting, she tends to go to their side and comfort them. as long as she can make them laugh, then everything will be okay. she makes friends pretty easily, and keeps them for the most part. she is fiercely loyal and will absolutely scrap to defend her loved ones.

she loves love. there is no gender she isn’t curious about and absolutely loves romance, though she also tries to hide that. her walls are ten feet tall. she’s in to hook ups, flings, and polyamory. she’s very open in that sense!!

FUN FACTS

she has an english bull dog named frank!! he is her pride and joy. she dresses him up in outfits, has regular photo shoots with him and loves going to the dog park. he isn’t legally an emotional support animal, but that’s definitely what he is to her. if he doesn’t like you, she won’t either tbh

she has this lil purple pen looking thing that is always on her. it’s her weed vape and she will hit it anywhere. her dumb head is always in the mfing clouds

she has a spotify family plan that is currently only her, mac, and dom and she will absolutely invite anyone she meets bc spotify premium is something everyone should enjoy

wears a lot of graphic tees and jeans, kinda a tom boy. doesn’t love dressing up but will occasionally. also doesn’t rly like make up but DOES know how to beat her face

1000% unable to be alone for like any period of time?? like if she gets off work and no one is in her apartment she just leaves. she goes next door to mac, goes to the peach pit, anywhere she can socialize. being left to her own thoughts will always turn out poorly.

really loves poetry. cannot write it to save her life, but loves going to slam readings or checking out poetry books from the library. her adhd brain can’t handle novels – poetry is just the right length to keep her attention and dig into her soul.

oh yeah, she’s got some pretty intense untreated adhd lol

OK SO WANTED CONNECTIONS IF UR STILL HERE LMAO

ex-roommate: something happened between daysia and this person, whether it was a relationship gone wrong, a friendship with tension, or just the other person being a damn slob – and daysia removed them from the house and moved someone new in. they are probably on shitty terms.

current flings: a few people are probably on her list of suitors right now. people she spends time with romantically, but hasn’t committed to. she absolutely cannot be alone, at any point… ever! so, she has someone with her at all times. m/f/nb, all good.

party friends: this one is pretty self explanatory!! these are friends that daysia may or may not talk to outside of a party, but will always cling to at one.

close friends: she lets very few people all the way in, but those that make it are generally taken care of by day. she makes sure that they are as comfortable with life as possible and spends a lot of time with them

exes: as daysia is a ticking time bomb, there have been many people she’s blown off. whether they once hooked up, were together, or what have you, daysia has a lot of exes. she never means to hurt anyone. it just sort of happens and she has accepted it.

#peachesintro

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wydblue-blog · 8 years ago

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hi babes, i’ve been gone for a few days and have been drunk every single one of them, god bless st. patty’s day, but there’s a lot of new ppl and i’m an oldie here/admin just finna tryna reach out n plot w everyone, so below is a cheat sheet of all my babies, message me if u wanna plot (still need to get back to some ppl) or like this n i’ll come to u!!!!!!!!

blue silver rockwell (ashton irwin fc); 21, sophomore, vp of kappa alpha lamda, scorpio, film studies major. blue’s parents actually met at nyu, basically had a one night stand, realized they were pregnant and a month later decided to get married; their careless and tbh kinda reckless lifestyle passed down to blue. he’s beyond chill, but has abandonment issues up the ass, esp now that he found out that he had a twin (sage) that he thought was his cousin while growing up (their parents were just too immature and young to take care of two kids tbh), plus at 6 months blue’s grandpa on his mum’s side passed away, they didn’t rly know him but inherited his crazy amount of money and he spent most of his life traveling so until he was finally 19 and demanded to just stay in ny and go to uni he didn’t have stable relationships, so now he thinks everyone is his bestie and is scared of ppl leaving. still, has no mean bone in his body and loves w all his heart, has maybe frowned once in the last 5 years, married to wyn, the actual love of his life, just takes everything in stride and doesn’t worry if he doesn’t have to.

rocky emerson fairchild (richard harmon fc); 20, sophomore, pres of nu sigma phi, leo, human kinetics major. tbh if his family didn’t have the receipts, they’d probably think rocky was the nicest person on the planet. he’s been hurt and rejected by so many ppl that he doesn’t know how to love rly any more unless you’re a fairchild, but even that’s hard. their dad was shit and abusive to them, their mum was too tired to rly try and do something about them, and his older brother (leo) who he legit worshiped ran away, so growing up fcking sucked. but his older sister (luna) and adopted brother (bruno) pretty much saved him, they’re the ppl he loves the most in this world tbh. fiercely loyal to those he’s actually let in and absolutely vile to anyone else it’s a mystery that he hasn’t been sent to jail for being a sociopath ngl, but it’s just a way to protect himself from being hurt again since he’s got a good track record of that.

*greer albany parker (tyler blackburn fc); 23, junior, member of theta beta pi, pisces, bio med major. tbh greer is probs the biggest cry baby and most anxious mess u will ever meet, god bless his soul for making it this far. he has all of maybe 4 friends but that’s all he needs to be happy. grew up in a loving family until his mum passed away, his dad then became an alcoholic and verbal abuse soon turned to physical, the only thing they rly talked about and got along was when greer talked about military school (which he joined just to make his dad happy/follow in his footsteps) but it did nothing but give him anxiety so bad he had to be hospitalized after passing out during a drill. he ran away from cali after saving money to buy a shitty car and maybe $8 in his pocket, the sweetest most hard working boi u will ever meet who doesn’t think he deserves love and has literally ruined relationships bc of it, but if he trusts u it’s genuinely an honour. pls just love him he needs it.

jesse myrtle torrence (sam claflin fc); 23, senior, member of psi delta, gemini, law major. dumb??? actually so dumb but in the best way possible, jesse means well and is a bit of a fuckboy tbh, will hit on u 100%, but he just likes to have fun and will respect u if ur not down. he has a twin (hunter) who is legit his entire world, when his family didn’t accept her when she came out to them and banned her from seeing her gf he refused to let her run away from home on her own and they both just ditched everything, were legit homeless for 2 years and worked their asses off to save up money for community college then worked even harder to get into nyu. he’s so dramatic, literally the most dramatic person you’ll ever meet, he’ll sneeze and think he’s got some sort of tumor i swear. he’s not very good when it comes to trusting others but he’s working on it and literally wants everyone to be his friend so always feel free to slide into his dm’s.

*sherwood lance king (grant gustin fc); 21, sophomore, member of psi delta, capricorn, physics major. if you were to ask sherwood what time it was he’d probs just shrug and say ‘whatever time you want it to be, it’s a social construct’. is a true believer in all things science, loves to do random weird side projects and will probably interview you five times a week bc of them, is constantly busy and constantly trying to come up with new scientific theories and discoveries. doesn’t really get social cues and is sometimes obscenely rude without even noticing/meaning to but he’s actually a sweetheart. he loves his sister (bellamy) and lil brother (isaac) w all his heart but when it comes to his twin (chaol) it’s a little hard, chaol put everything on pause after he came back from the army (which sherwood was extremely upset by since chaol hardly said anything) to take care of their ailing mother and while sherwood wants to reach out to his twin he doesn’t know how. tbh this kinda goes for any sort of social interactions sherwood has tho, he’s painfully oblivious and can be so obnoxious it’s annoying but he’ll make a good friend once u make it clear that ur interested in actually being friends.

*ted ‘teddy’ james morgan (nick robinson fc); 18, freshman, pledge of kappa alpha lamda, aquarius, sociology major. my weird ass lil weed smokin people lovin hippie. laid back, no worries, in love with everyone, dresses and talks like he’s from the 80′s since his fave things to say are ‘wicked’ ‘bitchin’ ‘radical’ and ‘vibes’. not too long ago he was with his older brother (wyn) when they got into a car crash that ended up killing their little brother rex, and he’s still not over it and hasn’t forgiven wyn fully yet since he feels like the role of older brother has been stolen from him, but he super loves his sister (lux), basically worships the ground she walks on (was the same with wyn until this moment). studying humans cause he just wants to make peace and understand everybody, would have 1000 bf’s/gf’s at once and just let everyone love him always if he could, doesn’t really have any sense of direction with life but just knows that when he’s high he can’t be sad, so he hasn’t admitted it to himself but that’s a big reason why he smokes sm. is harmless and will love u.

*are the ppl that i rly need more plots for but ofc i am 1000% down for almost any plots w all my ppl!!!

#nyuooc #nyuplots #abuse tw #drugs tw #alcohol tw #i think that's all of them just in case #pls come love me

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therealbutlernews-blog · 7 years ago

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2017 was one hell of a year for Butler County, the town has changed this year, lots of changes, and I do not think a person can say the County is changing for the better at this point.

Here are the top 5 stories on Butler News, and the numbers, links and history of these stories. If you are interested in reading a story from the past, just click the link.

#5 “More pictures of the horrendous accident on 422”

https://butlercitizen.com/2017/03/27/more-pictures-of-the-horrendous-accident-on-422/

I have included two pictures, this was a horrendous accident, click the link above to read more. This story was viewed 39741 times.

#4 “Keith Jordan Lambing charged with Murder and Rape in four year olds death. Some details inside.”

The story below was viewed 237,997 times

https://butlercitizen.com/2017/03/27/keith-jordan-lambing-charged-with-murder-and-rape-in-four-year-olds-death-some-details-inside/

Perhaps the most repulsive thing I have ever had the displeasure to write, Jordan Lambing is still sitting in jail for the rape and Murder of four year old Bentley Miller. Butler News ended up breaking the story and trending, as well as my admin at the time happened to be at her daughters house, next thing she knew the neighbors house was surround and they found Lambing. Click the link above to read more. Here are a few pictures from that article.

I believe WTAE Pittsburgh owns the photo credit

#3 Details of a 4-year olds funeral that are extremely disturbing by a family member that was there.

Click the link below, this story was viewed 333,922 times thus far

https://butlercitizen.com/2017/03/31/details-of-a-4-year-olds-funeral-that-are-extremely-disturbing-by-a-family-member-that-was-there/

How did this happen? A four year old was raped and killed, and at the funeral the parents chose to get high and party like nothing ever happened, including dressing up like this was a wedding and not a funeral, and they had an after party. Butler News was emailed disturbing pictures of the incident, and over 1000 people commented on the post.

#2 Jordan Lambing “Only suspect” in the murder of a 4 year old police say. More details.

A story that rocked the internet and shocked me to say the least, this story garnered 582,693 views. Click the link below the read the story.

https://butlercitizen.com/2017/03/21/jordan-lambing-only-suspect-in-the-murder-of-a-4-year-old-police-say-more-details/

Same repulsive story, this was posted right after the incident, and to say the least Butler News lead the way when it came to covering this story, and we are still leading the way covering the story. Most media has stopped covering Peters at all, and Lambing is just sitting in the RHU at the county Jail. Lambing still sits in the Butler County Prison and is still facing the death penalty, there has been no movement in the case.

Number #1 MACKENZIE PETERS, mother of Bentley Miller showed no emotion when told her child died.

I was shocked when I was sent this information, and by the view count of 1,364,271 views, this was the leading story of Butler News this year.. Click the link below to read more

https://butlercitizen.com/2017/03/23/mackenzie-peters-mother-of-bentley-miller-showed-no-emotion-when-told-her-child-died/

This story was shocking, and here is an exert.

“In what is becoming a clear, sick and twisted story, Mackenzie Peters has showed little to know emotion after she was told her child was killed. When she was inside of Butler hospital on the day Bentley was killed, she asked staff how long she had to “hang around for”

It is also being told that Peters was still in communication with Lambing after the child was killed.

Lambing deactivated his Facebook, he then used a family member to communicate. Kinda a “safe buffer” for Lambing.

Peters has told multiple people in what can only be construed as sick and twisted, that she “felt life would be better without Bentley, this way her and Jordan could have one child”

There are so many sick, and disgusting facts coming out in this case.

Peters was living at the Super 8 motel as she has easy access to drugs. Benzo Kenzo is her alias. Peters was said to be on the hunt for drugs after she was released from police questioning.

Police will not say if Peters is a suspect in the killing of Bentley Miller, but it has been confirmed that Peters was under CYS investigation for close to one year. Cys was investigating the couple for abuse. No comment from CYS or Charlie Johns at this point”

Peters is still out on the streets, Peters is still doing drugs, Peters case has been continued multiple times. There have been multiple links to her being out and being drunk and doing drugs the past few weeks. Probation and parole along with the district attorney do not seem to give a shit what Peters does.

So there you have it for the top 5 stories this year. Butler News had a hell of a year when it comes to views and hits, Butler News had over a million unique views this year, and close to nine million views, but most of the views came from the Peters case. I think the general public is absolutely outraged in this case. I can understand that frustration.

Here is a little bonus of stories that came close to making the top 5.

6) MACKENZIE PETERS says she needs “grief counseling” with the gofundme.com funds.

https://butlercitizen.com/2017/03/30/mackenzie-peters-says-she-needs-grief-counseling-with-the-gofundme-com-funds/

7) Brittany Lambing brother of Jordan Lambing making threats online.

https://butlercitizen.com/2017/03/23/brittany-lambing-brother-of-jordan-lambing-making-threats-online/

8) Mackenzie Peters to face some charges in the death of four year old Bentley Miller.

https://butlercitizen.com/2017/03/29/mackenzie-peters-to-face-some-charges-in-the-death-of-four-year-old-bentley-miller/

9)Samantha “Roxy” Decker, 31 of Knox located.

https://butlercitizen.com/2017/02/17/samantha-roxy-decker-31-of-knox-located/

This story got so many views why? Well the husband reported the wife missing, but it turned out that the wife was just a whore and went home with a couple guys so they could split roast her, when they got bored with her, she went home. I have no idea the update to this woman. I would assume if the guy had any self worth he would have divorced her by now.

So here ya go everyone, thanks for the ride in 2017. I can only hope that 2018 is better. 2017 was a learning curve and we thank everyone for hanging in there with us. 2017 Was a year of change, we also take donations via paypal by clicking the link below, the donations help the page keep going and Butler News appreciates it.

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Consider donating to Butler News. Butler News pays the admins to report stories, go to counsel meetings and Butler News pays for submitted stories. Butler News could always use these gifts to continue to grow. Recently Butler News purchased a digital scanner and cord to host a scanner feed. This all but took all of the funds out of Butler News advertising account. Butler News thanks you for your consideration

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Here is to 2018. THANK YOU for the support in 2017 everyone.

Top 5 Stories this year on Butler News was dominated by Jordan Lambing and Mackenzie Peters 2017 was one hell of a year for Butler County, the town has changed this year, lots of changes, and I do not think a person can say the County is changing for the better at this point.

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gordonthompsonposts · 7 years ago

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Guide to Arizona Misdemeanor DUIs

New Post has been published on https://gordonthompsonattorney.net/guide-to-arizona-misdemeanors-duis/

Guide to Arizona Misdemeanor DUIs

This Guide is being revised frequently because the information described in it changes often. Please call, text or chat with me regarding any information you are looking for but do not see or any new information you have which should be included so I can keep the Guide current.

Guide to Arizona Misdemeanor DUIs

Table of Contents

Guide to Arizona Misdemeanor DUIs

Introduction

Sentencing Laws, Driver’s License Consequences and Collateral Consequences

Arizona Misdemeanor DUI Sentencing Penalties

First Offense Mandatory Minimum Sentences

28 A.R.S. § 1381.A.1, Driving Under the Influence, 28 A.R.S. § 1381.A.2, and Driving With An Alcohol Level of .08% Within 2 Hours and 28 A.R.S. § 1381.A.3, Driving with a Controlled Substance in the Defendant’s Body

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours

Second Offense Mandatory Minimum Sentences

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours

Other Sentencing Requirements

Restitution

Driver’s Licensing Consequences

Admin Per Se Suspensions

Implied Consent Suspensions

License Revocations

Points Consequences

Underage Drinking and Driving

SR-22 Certificate of Insurance

Commercial Driver’s Licenses (CDLs ) Consequences

Possible Collateral Consequences for Misdemeanor DUI.

Possible Felony Consequences of Misdemeanor DUIs

Practical Considerations

Police Departments

Primary Police Department

Vehicle Impoundment

Alcohol Testing Methods

Book into Custody or Cite and Release

Service of Admin Per Se Suspension Order at Time of Release

Court

Court Organization

Required Appearance of Defendants Represented by Private Attorneys

Veterans’ Court

Telephonic Changes of Plea

Probation

Victim Impact Panels (MADD VIP)

Substance Abuse Counseling

Sentence Reviews

Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I)

Home Detention and Continuous Alcohol Monitoring (CAM)

Jail

Prosecutor

Prosecutor Plea Policies

Reckless Driving Plea Offers

Individual Court Practices

Gila County

Globe/ Miami Regional Justice Court

Payson Regional Justice Court

Maricopa County

Avondale Municipal Court

Buckeye Municipal Court

Carefree/ Cave Creek Municipal Court

Chandler Municipal Court

El Mirage Municipal Court

Fountain Hills Municipal Court

Gilbert Municipal Court

Glendale Municipal Court

Goodyear Municipal Court

Maricopa County Justice Courts

Mesa Municipal Court

Peoria Municipal Court

Phoenix Municipal Court

Scottsdale Municipal Court

Surprise Municipal Court

Tempe Municipal Court

Tolleson Municipal Court

Mohave County

Mohave County Justice Courts

Navajo County

Navajo County Justice Courts

Pinal County

Apache Junction Municipal Court

Casa Grande Municipal Court

Maricopa Municipal Court

Pinal County Justice Courts

Introduction

This Guide to Arizona Misdemeanor DUIs is intended to provide practical information about what happens when someone is charged with a misdemeanor DUI and is found guilty of DUI or another charge. This is not a guide to possible defenses as that information can be found elsewhere. The Guide describes the nuts and bolts of the process from arrest through sentencing and the consequences thereafter.

You may use the interactive Table of Contents to go to any particular topic of interest.

I have organized this guide into four parts.

Part 1.1 is this introduction.

Part 1.2 of the Guide is a description of the basic Arizona DUI sentencing laws and consequences for Arizona driver’s licenses and privileges to drive. Part I also includes information about the many possible collateral consequences of a DUI conviction.

Part 1.3 describes many of the practical considerations which can affect the outcome of a case. For example included is information concerning about prosecutor’s plea policies.

Part 1.4 describes how the practical considerations outlined in Part 1.3 are handled in the individual courts.

Sentencing Laws, Driver’s License Consequences and Collateral Consequences

Arizona Misdemeanor DUI Sentencing Penalties

All Arizona Misdemeanor DUI offenses are Class 1 Misdemeanors. The Maximum possible sentence is

6 months in jail,

A fine of up to $2,500.00 plus surcharges, and

5 years of probation.

All Misdemeanor DUI offenses have mandatory minimum sentences which are based whether it is a first or second offense within 7 years and the alcohol levels and the presence of impairing drugs. A conviction is a second offense if the defendant has a prior conviction for an Arizona DUI or another jurisdiction for an act which if committed in Arizona, would be a DUI in Arizona. The date of the incidents determines whether an offense is within 7 years.

Below are the Mandatory Minimum Sentences which the courts are required to impose. The Arizona MVD also is required to impose penalties, which are discussed separately, against the defendant’s Arizona Driver’s License or Privilege to Drive.

First Offense Mandatory Minimum Sentences

Attend a Substance Abuse screening session and successfully complete any treatment and/or counseling ordered as a result of that screening session

Serve 10 consecutive days in jail, 9 of which may be to be suspended by the court provided upon completion of the Substance Abuse screening and counseling

Pay a $250 fine plus surcharges

Pay a State Prison Construction assessment of $500

Pay a State General Fund assessment of $500

Pay jail costs

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours

Serve 30 consecutive days in jail, 21 of which may be suspended by the court provided the defendant installs and maintains a certified ignition interlock device in a motor vehicle for 12 months

Pay a $250 fine plus surcharges

Pay a Driving Under the Influence assessment of $250

Pay a State Prison Construction assessment of $1,000

Pay a State General Fund assessment of $1,000

Pay jail costs

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours

Serve 45 consecutive days in jail, 31 of which will be suspended by the court provided the defendant installs and maintains a certified ignition interlock device in a motor vehicle for 12 months

Pay a $500 fine plus surcharges

Pay a Driving Under the Influence assessment of $250

Pay a State Prison Construction assessment of $1,000

Pay a State General Fund assessment of $1,000

Pay jail costs

Second Offense Mandatory Minimum Sentences

Attend a Substance Abuse screening session and successfully complete any treatment and/or counseling ordered as a result of the screening session

Serve 90 consecutive days in jail, 60 days of which may be suspended upon completion of the Substance Abuse screening and counseling

Pay a $500 fine plus surcharges

Pay a State Prison Construction assessment of $1,250

Pay a State General Fund assessment of $1,250

Pay jail costs

Surrender driver’s license, if any, to the court

Perform thirty (30) hours of community service restitution (community service)

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With An Alcohol Level of .15% Within 2 Hours

Serve 120 consecutive days in jail

Pay a $500 fine plus surcharges

Pay a Driving Under the Influence assessment of $250

Pay a State Prison Construction assessment of $1,250

Pay a State General Fund assessment of $1,250

Pay jail costs

Surrender driver’s license, if any, to the court

Perform thirty (30) hours of community service restitution (community service)

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With An Alcohol Level of .20% Within 2 Hours

Serve 180 consecutive days in jail

Pay a $1000 fine plus surcharges

Pay a Driving Under the Influence assessment of $250

Pay a State Prison Construction assessment of $1,250

Pay a State General Fund assessment of $1,250

Pay jail costs

Surrender driver’s license, if any, to the court

Perform thirty (30) hours of community service restitution (community service)

Other Sentencing Requirements

Restitution

The court is required to order a defendant convicted of any crime including DUI, to pay to the victim’s restitution for the direct economic loss caused by the defendant’s criminal conduct137. For a DUI case that usually means personal injury and property damage claims. The loss has to be for economic loss and therefore damages such as pain and suffering are not recoverable in the criminal case. If the defendant had insurance for the losses suffered that may cover the restitution ordered. Economic loss can include lost wages for a victim who comes to the court proceedings.

Driver’s Licensing Consequences

Admin Per Se Suspensions

That the officer had reasonable grounds to believe the person was driving while under the influence of intoxicating liquor or drugs

That the person was placed under arrest for an alleged violation of A.R.S. §28-1381(A)(1), Driving Under The Influence

That a test or tests were taken, the results of which indicated the alcohol concentration in the person’s blood or breath at the time of the test to be 0.08% or more or there was any drug as defined in 28 A.R.S. § 3401 or its metabolite in the person’s body without a valid prescription for the drug or metabolite

That the testing method used was valid and reliable, and;

That the test results were accurately evaluated.

To reinstate the license or privilege to drive after the suspension period is over the person must:

Complete a Substance Abuse Screening Session

Pay a reinstatement fee.

Implied Consent Suspensions

All persons who operate a motor vehicle in Arizona impliedly consent to submit to chemical testing after being arrested for DUI. If the person does not expressly consent to testing or fails to successfully complete the testing then their Arizona driver’s license or privilege to drive will be suspended for 12 months or 24 months if they have been found to have refused similar tests within the past 84 months.

The proceeding to initiate this suspension, known as an Implied Consent Suspension, is usually begun by the arresting officer serving the person an Implied Consent Suspension Order. The person then has 15 days to file a request for a hearing with the MVD in which the person seeks to contest the proposed suspension. This time limit is strictly construed and if the person does not file a request within 15 days then the suspension automatically goes into effect.

If the person timely files a request for a hearing then the MVD’s Executive Hearing Office will schedule a hearing in front of a judge. At the hearing the issues are limited to:

That the officer had reasonable grounds to believe the person was driving while under the influence of intoxicating liquor or drugs

That the person was arrested for DUI

That the person refused to submit to a test or tests to determine the alcohol concentration or the presence of drugs

That the person was informed of the consequences of refusal

That the person refused to submit to the test or tests as requested by the police officer(s).

If the suspension goes into effect either because the person does not request a hearing or because the judge, after listening to the evidence, orders the suspension to go into effect, the suspension will be for 12 months unless the person has had a prior refusal suspension within the past 84 months, in which case it is for 24 months.

To reinstate the license or privilege to drive after the suspension period is over the person must:

Complete a Substance Abuse Screening Session

Post an SR-22 with the MVD

Pay a reinstatement fee.

License Revocations

Arizona Misdemeanor DUI convictions can result in a revocation of the defendant’s Arizona Driver’s License or Privilege to Drive under two circumstances.

First, If the defendant has one or more convictions for a violation 28 A.R.S. §§ 1381, 1382 or 1383 [Felony DUI] or an act in another jurisdiction that if committed in this state would be a violation of 28 A.R.S. §§ 1381, 1382 or 1383, within 84 months prior to the commission of the current DUI violation. The dates of the commission of the offenses and not the dates of convictions govern. If the revocation is for this reason the defendant is may be entitled to a restricted driving permit during a portion the period of the revocation.

Second, If the defendant has one or more convictions for a violation 28 A.R.S. § 693, Reckless Driving or 28 A.R.S. § 708, Racing on Highways, within 84 months prior to the commission of the current DUI violation. The dates of the commission of the offenses and not the dates of convictions govern. If the revocation is for this reason the defendant is not entitled to a restricted driving permit during the period of the revocation.

Points Consequences

A conviction for a violation of 28 A.R.S. § 1382, Extreme Driving Under the Influence, or 28 A.R.S. § 1381.A, Driving Under the Influence, results in 8 points being assessed against a person’s Arizona driver’s license or privilege to drive. A finding of responsible for a violation of 28 A.R.S. § 701, Speeding, results in the assessment of 3 points. Most other moving violations result in the assessment of 2 points per violation. Charges such as 28 A.R.S. § 2532, No Current Registration and 28 A.R.S. § 4135(C), No Proof of Insurance, are not moving violations, therefore, no points are assessed. The assessment of 13 to 17 points within a 12-month time period will result in the Arizona Department of Transportation suspending the person’s Arizona driver’s license or privilege to drive in Arizona for a period of 3 months, 18-23 points, 6 months and 24 or more points within 36 months, 12 months.138 Restricted driver’s licenses are not available for points suspensions.

A request for a hearing to contest a points suspension does not stay or prevent the points suspension from going into effect. 139

Underage Drinking and Driving

A separate offense is Underage Drinking and Driving140. This offense is a Class 1 misdemeanor. Unlike DUI there is no mandatory minimum sentence however if the defendant is convicted of the offense their Arizona driver’s license or privilege to drive is suspended 2 years. If the court orders it, the defendant may drive with a restricted license, to and from work and school during specified hours however they must equip and drive only a vehicle with an ignition interlock device141. The charge is decided by a judge and not a jury. Evidence that there is any alcohol in the defendant’s body is sufficient for a conviction.

SR-22 Certificate of Insurance

An SR-22 Certificate of Insurance is proof of financial responsibility. An SR-22 is an agreement by an insurance company that the company will issue liability coverage to a driver for a period of 3 years and to notify the MVD if there is a lapse in the liability coverage (must common cause is a failure to pay the premiums).

An SR-22 is required for all license or privilege to drive reinstatements after all DUI related suspensions except Admin Per Se Suspensions.

Commercial Driver’s Licenses (CDLs ) Consequences

An Admin Per Se or Implied Consent suspension or a conviction in court for a DUI or Driving a Commercial Motor Vehicle With an Alcohol Concentration of 0.04%, will result in a Commercial Driver’s license (CDL) disqualification for 1 year.

The disqualification will be for 3 years if the violation occurred while the defendant was driving commercially and transporting a hazardous material.

The disqualification will be for life if the defendant also has another An Admin Per Se or Implied Consent suspension or a conviction in court for a DUI or Driving a Commercial Motor Vehicle With an Alcohol Concentration of 0.04%, on or after December 31, 1989. A driver disqualified for life may reapply for a CDL after 10 years. 142

Possible Collateral Consequences for Misdemeanor DUI.

There are many unanticipated consequences for a DUI conviction. Here are a some of them which are not discussed elsewhere in this post:

In Arizona under 28 A.R.S. § 1464.H, it is a class 1 misdemeanor for a person who is required to have an IID to operate a motor vehicle unless that motor vehicle is equipped with a functioning IID, unless there exists a “substantial emergency”. In Arizona it is a class 1 misdemeanor to knowingly rent, lease or lend a motor vehicle without an interlock to a person required to have it. If a person is found guilty the mandatory minimum sentence is an extension of the I.I.D. requirement for 1 additional year 143. Whether it is a crime to do so in another state is dependent on the laws of that state

Although policies vary by company, many national rental car companies will not rent a vehicle to a person convicted of DUI for up to 5 years

Certain licensed professionals such as nurses are required by their respective rules of conduct to report any criminal arrests and convictions to their licensing boards

Pursuant to law, the police may seize and forfeit a vehicle driven by a person whose license is then suspended

Certain licensed professionals, such as teachers, child care workers, etc., are required to have fingerprint clearance cards issued by the Arizona Department of Public Safety. An arrest or conviction for DUI it shall result in a 5-year restriction of the person’s ability to drive a motor vehicle transporting individuals while working in an occupation which requires a fingerprint clearance card 144

Certain licensed professionals such as nurses are required by their respective rules of conduct to report any criminal arrests and convictions to their licensing boards

Pursuant to 23 A.R.S. § 619.01, an employee of any company may be denied employment or terminated upon an admission of or conviction for crime related to the employer’s business or to the employment, or which could have a substantial adverse effect on the employer’s interest, public relations or trust, unless the employer had actual knowledge of such admission or conviction at the commencement of the employment145 of a misdemeanor such as DUI may be denied employment by this state or any of its agencies or political subdivisions; or be denied an Arizona state issued license, permit or certificate if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought 146

All employees or service providers to the Arizona Department of Juvenile Corrections may be terminated from employment if they are arrested or convicted for a DUI offense. 147

Any Arizona Department of Health Services Certified or Licensed Child Care Home Provider may have that license suspended if they are arrested or convicted for a DUI offense 148

A conviction for any DUI can affect a person’s ability to get custody of their children in a contested custody proceeding 149

It is the practice of Sheriff Departments in Arizona to check the immigration status of people serving jail sentences in the county jail. If a person is illegally in this country, the Sheriff’s Office may not release that person from custody upon completion of that sentence, but rather may transfer them to the Immigration and Naturalization Service (INS) for deportation

It is a class 2 misdemeanor for a person to knowingly display, cause or permit to be displayed or have in the person’s possession a canceled, revoked, suspended, fictitious or fraudulently altered driver license. Upon a conviction for this offense, the MVD may suspend that person’s driver’s license for a period of 6 months. If a person has been issued a valid license by the Arizona MVD and thereafter their driver’s license is suspended for any reasons, then the use or even the mere possession of that previously issued license is a violation of this section 150

Any person who is not a Canadian citizen and has been convicted for the commission of any crime, including misdemeanor DUI, committed within the United States, may be barred from entry into Canada 151

Any person who has been arrested or convicted for any crime, may be barred from or removed from the Global Online Enrollment System administered by U.S. Customs and Border Protection Trusted Traveler Program 152

The court may direct the Arizona Department of Revenue to intercept a convicted defendant’s Arizona State Tax Refund and send the refund to the court for payment of the fines

Any person who has been arrested or convicted for any crime, may be excluded from enrollment in health and nursing programs within the Maricopa County Community College District for a minimum of 3 years after the conviction 153

Pursuant to 23 A.R.S. § 1031.A, payment of worker’s compensation benefits shall be suspended during the period of time that the employee has been convicted of a crime and is incarcerated in any state, federal, county or city jail 154

A conviction for Driving Under the Influence of a Controlled Substance, such as Marijuana or a prescription medicine, may result in the revocation of a license issued by the United States Bureau of Alcohol, Tobacco and Firearms 155

For more information on the collateral consequences of a criminal conviction156, please see the American Bar Association’s website tool at: http://abacollateralconsequences.org/agreement/?from=/map/

Possible Felony Consequences of Misdemeanor DUIs

Misdemeanor DUI cases are often begun when the arresting officer files a citation in a court. Thereafter the charges are reviewed by the prosecutor for that court and after reviewing the charges the prosecutor may decide to refer the case to the County attorney for prosecution as a felony. This can be true when there is

A traffic accident involved in the incident and a victim suffers a serious injury (Aggravated Assault157 or there is property damage in excess of $1000 (Criminal Damage)158, or

There is a child under the age of 15 years in the vehicle159, or

The defendant attempts to flees from an Police Officer who is attempting to stop the defendant’s vehicle (Felony Flight)160, or

The defendant’s driver’s license is suspended or the defendant has two or more prior DUI convictions within seven years prior to the stop on the current misdemeanor DUI case (Aggravated DUI)161.

For misdemeanor DUI cases that could be charged as a felony is very important to try to resolve the case quickly as possible as a misdemeanor to avoid possible felony prosecution. Some prosecutors routinely refer all possible felony cases to the County Attorney’s Office (or the Vehicular Crimes Bureau within the County Attorney’s Office) and some do not.

Practical Considerations

Police Departments

Primary Police Department

Most courts have one or more Police Departments which conduct investigations for cases in that court. Investigation and processing procedures can vary by police department.

Vehicle Impoundment

Arizona law requires police officers to impound for 30 days vehicles driven or controlled by persons whom the officer believes is committing an Extreme DUI.162 There are some limited exceptions to this rule Most but not all Police Departments always impound vehicles when required by law. Each police department has their own procedures on how to get the vehicle out of impoundment.

Alcohol Testing Methods

Approved breath testing methods in Arizona can include Breath testing with an Intoxilyzer, blood testing with samples drawn by either licensed phlebotomists or police officers qualified as phlebotomists, or both breath and blood testing.

Book into Custody or Cite and Release

For misdemeanor DUI’s some police departments routinely issue to the defendant a citation to appear in court and then release the defendant from custody instead of booking the defendant into a jail. Some police departments routinely book out-of-state residents into custody.

Service of Admin Per Se Suspension Order at Time of Release

While processing an arrested person for DUI the police officers are authorized by law to serve a proposed order of suspension (Admin Per Se Suspension Order) on the arrested person seeking to suspend the arrested person’s Arizona driver’s license or privilege to drive because of a belief the officer has that the arrested person’s alcohol level is in excess of .08% or that they have a controlled substance within their body163. When the only testing procedure is blood testing the officer does not know what the alcohol level is at the time of the processing however the transportation law authorizes the officer to serve the admin per se even if the test results are not available. Some police departments routinely serve the Admin Per Se Suspension Orders even though the test results are not available at the time of processing.

Court

Court Organization

How a court is organized can affect what happens with the case. Most municipal courts are organized into only one division, and for those courts the organization really doesn’t make any difference. The larger municipal courts in Maricopa County, such as Phoenix, Mesa, Tempe and Gilbert, have several divisions, with a particular judge assigned to each division. In most courts with multiple divisions cases are assigned to that particular division and they stay in that division through trial. An exception is Phoenix, where cases are first assigned to a division for pre-trial matters and then is reassigned to another division for placement at the time of trial. Where this makes a difference is a defendant can file a change of judge one time as a matter of right without having to specify a reason. The Notice of Change of Judge must be filed within 10 days of assignment to the judge or before the judge issues a ruling in the case. Which judge decides legal issues in a case can be very important, and so for cases which stay in the same division throughout the case the defendant must determine quickly if that judge might be unfavorable to their positions, even though the defendant may not yet know what legal issues may arise in the case, and file the change of judge quickly. In Phoenix it may not be a good idea to file a change of judge before it is assigned to a judge for trial, because if they file the change of judge while in the pre-trial stage, they cannot file a change of judge later if the assigned trial judge will not be favorable.

For court with multiple divisions, when either the prosecutor or defendant files a change of judge the case is then reassigned to another judge in that court. In Maricopa County Justice Courts the case may be assigned to a temporary judge who hears the case in the same division or it can be reassigned to another judge in another justice court. In Municipal Courts with one division the case will be reassigned within the same court, either to another judge in that court or a temporary judge who will hear the case in that court.

When the defendant files a motion for which an evidentiary hearing is required, such as a motion to suppress, no basis for the stop of the vehicle, that motion may be heard on the day the jury trial is set or on an earlier motion date.

Required Appearance of Defendants Represented by Private Attorneys

Defendants are required to appear at all court appearances. In most (but not all) misdemeanor courts privately retained attorneys are permitted by the court to waive their client’s appearances for arraignments at most pretrial conferences.

Veterans’ Court

Veterans’ Court now exists in effect as another division in some of the municipal courts in Maricopa County. Veterans’ Court is a therapeutic court for any defendant who is a Veteran, and is not a court within which cases are tried. Under the practice in most Veterans’ Courts the defendant participates in a counseling program under the supervision of the Veterans’ Administration and if the defendant successfully completes the counseling program then the prosecutor often makes a better plea offer. Social workers and others help veterans with problems such as getting employment, if necessary upgrading their veteran status and helping them to establish eligibility for Veterans’ Administration benefits. If a defendant is a veteran they should always consider whether it would be a good idea to have their case adjudicated in a Veterans’ Court.

Telephonic Changes of Plea

Some courts permit defendants to do telephonic changes the plea when they live outside the local area of the court. The advantage is the defendant does not have to return to Arizona to resolve the case. Because all DUI convictions require the service of a jail sentence, unless the defendant is given credit for jail time served they must arrange to serve the sentence in a jail where they are living. For western states such as California this is generally not a problem but for eastern states such as New York it is a problem.

Probation

A defendant for a misdemeanor DUI case could be sentenced to up to five years of summary probation. Some courts routinely sentence the defendant to probation to monitor compliance with their sentencing obligations, such as the counseling, jail time and ignition interlock device requirement. If the defendant fails to comply with their obligations then a violation of probation proceeding can be filed and the defendant can be sentenced up to the maximum 180 days in jail. When a victim has suffered an economic loss some courts sentence the defendant to pay probation so that if the defendant does not pay the restitution the court can revoke probation and sentence the defendant to jail.

Victim Impact Panels (MADD VIP)

Defendants are sometimes ordered to attend Victim Impact Panels sponsored by Mothers Against Drunk Driving (MADD). At the panels defendants listen to people who have had family members killed or seriously injured in a DUI case describe the impact on their families. Victim Impact Panels are usually 2 hours in length.

Substance Abuse Counseling

Anyone found guilty of a regular DUI is required to do Substance Abuse Screening and Counseling. Most but not all courts also require Substance Abuse Screening and Counseling for Extreme DUI charges. Some courts use a particular Substance Abuse agencies and other courts do not. The particular agency a defendant uses is important because some agencies are very difficult to work with and are quick to inform the court the defendant is not complying with their counseling requirements even though the real problem may be dealing with the inflexible counseling schedules the agency requires.

Sentence Reviews

The defendant who has been found guilty of DUI must do several things such as counseling, possibly community restitution or service, provide proof of the installation of the ignition interlock device and attendance at a MADD victim impact panel. Most courts set a regular date for the defendant to appear and provide the proofs of completion and others only set a court date if the proof is not provided by a certain date, in which case the court sets an order to show cause.

Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I)

A court is authorized to suspend some of the jail time for a first offense Extreme DUI if the defendant installs and maintains an ignition interlock device on a vehicle for 12 months.164 Some courts who suspend the jail time require the defendant to install the interlock prior to sentencing, and others set a sentence review date approximately 60 days after sentencing so the defendant can provide the court with proof of installation of the interlock. Some courts set sentence review dates, usually quarterly, where the defendant is required to provide proof to the court that they have maintained the interlock with no problems.

Home Detention and Continuous Alcohol Monitoring (CAM)

State law permits courts to allow a defendant to serve a portion of a jail sentence on Home Detention and/or wearing an electronic monitoring device, Continuous Alcohol Monitoring (CAM), if the government where the court is has approved it (for example, the Phoenix City Council for the Phoenix Municipal Court). This means for municipal courts that the city or town Council has approved it, and for counties that the County Board of Supervisors has approved it. The manner in which the program is authorized must be both by state law as well as in accordance with the local ordinance. For example, under state law the defendant is eligible for home detention or continuous alcohol monitoring after serving 20% of the sentence, and so for a 9-day sentence a defendant would be eligible after having served 2 days in jail. However, if the city ordinance authorizing it requires serving more actual jail time before being eligible for home detention then the court’s order must comply with that. For example, if the local ordinance says that a person is not eligible for home detention until they serve 15 days in jail, in the case of a sentence of only nine days the person is not eligible for home detention at all. The authorization for home detention and continuous alcohol monitoring varies by court. Home detention can be done as jail is done with work release authorized up to 12 hours a day six days a week. With some courts only 5 days a week is authorized for home detention. Additionally for some courts the court allows the home detention program to establish the hours and days the defendant would be out for work release. For other courts the court itself makes that determination and specifies it on the order permitting the home detention. It is therefore important to remember that if the court is the one that sets the hours and there’s a change in the work hours, either before the person starts the home detention or after they begin, then another court order is required, whereas if the home detention program decides the hours then only the approval of the home detention program is needed.

Continuous alcohol monitoring is more flexible than home detention because it is not limited to certain hours for work release. Essentially the defendant can be out for work or do anything at any hour as long as they haven’t been drinking alcohol. In most jurisdictions that offer continuous alcohol monitoring that is a better alternative than home detention because there is more flexibility in what a defendant can do with continuous alcohol monitoring than home detention.

Jail

Unless a defendant is given credit for time served all defendants found guilty of DUI must serve a jail sentence of some sort. In misdemeanor DUI cases it is uncommon for the defendant to be taken into custody at sentencing, so most defendants are permitted to self-surrender for the service of the jail sentence. If the sentence is for one day, unless the court writes the order as 24 hours, the defendant may be released early from custody. Of course when the person gets out of custody is entirely up to the jail facility, but the jail is not required to hold them for a full 24 hours unless specified on the court’s order. If a defendant is in custody for more than a couple of days then they are eligible for work release. For work release the court sets the days when the defendant may be out for work purposes, up to six days week at 12 hours per day. In Maricopa County the defendant is required to get a certificate saying they are healthy enough to serve in the work release facility. For work release the defendant must actually go to work, because if they do not then technically that is an escape which is a far more serious charge. However, as long as the defendant is back in custody at the appointed time and has not been drinking alcohol or using drugs then they generally do not have a problem with work release. Whether a defendant is in violation of the jail’s work release rules is determined solely by the jail, and if found to be in violation most likely the defendant will not be eligible to get work release for the remainder of the jail sentence.

Defendants are required to pay the costs of incarceration.165 The court may waive the defendant’s payment of some or all of the incarceration costs if the defendant is unable to pay those costs. Some courts will consider waiving the incarceration costs and some will not.

Prosecutor

Prosecutor Plea Policies

Each prosecution office has their own plea offer policies. Variations in policies can include:

Reducing extreme charges to lesser DUI charges at different alcohol levels

Agreeing to alternative sentencing for extreme charges

Not alleging or withdrawing allegations of prior DUI convictions if the defendant accepts the plea offer

Making Reckless Driving plea offers.

Reckless Driving Plea Offers

Some prosecution offices will agree to but a defendant plead guilty to one amended charge of reckless driving. The advantage of a reckless driving conviction is it would not carry with it the mandatory penalties for a DUI conviction166. Those would include the requirement of a vehicle ignition interlock device. In many cases a reckless driving plea offers a better way to resolve the case. Reckless driving plea offers are not automatically made by any prosecution agency and no defendant should assume that they’re entitled to such an offer.

Individual Court Practices

Gila County

Globe/ Miami Regional Justice Court

Payson Regional Justice Court

Maricopa County

Avondale Municipal Court

Buckeye Municipal Court

Carefree/ Cave Creek Municipal Court

Chandler Municipal Court

El Mirage Municipal Court

Fountain Hills Municipal Court

Gilbert Municipal Court

Glendale Municipal Court

Police Departments and Practices Primary Police Department: The Glendale Police Department. Vehicle Impoundment: Yes almost always when authorized by law. Glendale Police Department Release Procedures can be found at this web site: Glendale Impoundment Release

Alcohol Testing Methods: Breath and Blood. For alcohol only cases it can be breath and/or blood. Blood testing is done by the crime lab at the Arizona Department of Public Safety. Book or Cite and Release: Cite and release. Occasionally someone will be booked into the Glendale City Jail. Service of Admin Per Se Suspension Order at Time of Release: If breath test results are available will served before arrested person is released. If not breath test results and only blood tests may be served even though no test results are available.

Court Court Organization: The court has two divisions. Required Appearance of Defendants Represented by Private Attorneys: No. Veterans’ Court: No. Telephonic Changes of Plea: Yes. Probation: Not routinely ordered. May be ordered if restitution is to be paid or the defendant has prior convictions. Victim Impact Panels (MADD VIP): May be ordered. Substance Abuse Counseling: Preferred provided is Community Support Services (C.S.S.) however with court permission can do counseling with any agency approved by the Arizona Department of Health Services Sentence Reviews: Yes and defendants have to either appear or fax required documents. Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): No. Home Detention and Continuous Alcohol Monitoring (CAM): Home Detention with C.S.S.167 Jail: Short sentences of 1 or 2 days may be served in the Glendale City Jaill as long as the defendant does not have health problems otherwise sentences are served in the Maricopa County Jail. Completed Health Form needed for Work Release.168 See my post about Maricopa County Jail Costs.

Prosecutor: GlendaleCity Prosecutor. Plea Policies: Plea offers are kept open to the Calendar Call date. Reckless Driving Plea Offers: Yes.

Goodyear Municipal Court

Maricopa County Justice Courts

Mesa Municipal Court

Peoria Municipal Court

Phoenix Municipal Court

Police Departments and Practices Primary Police Department: The Phoenix Police Department. Vehicle Impoundment: Yes always when authorized by law. Phoenix Police Department Release Procedures can be found at this web site: Phoenix Impoundment Release

Alcohol Testing Methods: Blood only and Breath only when police or medical personnel are unable to complete a blood draw. Book or Cite and Release: Cite and release except out of state residents are booked into the 4th Avenue Jail. Service of Admin Per Se Suspension Order at Time of Release: Served before arrested person is released even though no test results are available.

Court Court Organization: Approximately 15 trial divisions, case is first sent to trial division and if later set to trial is reassigned to Division 601 which in turn assigns cases to then available trial division. Trial divisions are organized by number into two groups, Even (Divisions 504, 506, 603,606, 704, 706 & 708) and Odd (Divisions 503, 505, 507, 603, 605, 703, 705 and 707). Groups rotate so one week even numbered divisions are doing jury trials and odd numbered are doing non-jury trials and pretrial conferences. The following week the odd numbered do jury trials and the even non-jury and pretrial conferences. Required Appearance of Defendants Represented by Private Attorneys: No. Veterans’ Court: Yes. Telephonic Changes of Plea: Yes. Probation: Not routinely ordered. May be ordered if restitution is to be paid or the defendant has prior convictions. Victim Impact Panels (MADD VIP): Yes Substance Abuse Counseling: Can do counseling with any agency approved by the Arizona Department of Health Services. Sentence Reviews: Yes and defendants have to either appear or fax required documents. Alternative Sentencing for a First Offense Extreme DUI (28 A.R.S. § 1382.I): Yes. At sentence review hearings defendants are required to first provide proof of the installation of a required interlock device and then at a second review hearing set 12 months later that the defendants have to provide proof that they have had the interlock on for the required 12 months. Defendants are not required to provide monthly maintenance records. Home Detention and Continuous Alcohol Monitoring (CAM): Yes both Home Detention and Continuous Alcohol Monitoring.169 Program Provider is Sentinel Offender Services. Jail: Maricopa County Jail. Completed Health Form needed for Work Release.170 See my post about Maricopa County Jail Costs.

Prosecutor: Phoenix City Prosecutor Plea Policies: Plea offers are revoked if case is set to trial. Reckless Driving Plea Offers: No.

Scottsdale Municipal Court

Surprise Municipal Court

Tempe Municipal Court

Tolleson Municipal Court

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Mohave County

Mohave County Justice Courts

Navajo County

Navajo County Justice Courts

Pinal County

Apache Junction Municipal Court

Casa Grande Municipal Court

Maricopa Municipal Court

Pinal County Justice Courts

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