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Arizona Governor Signs HB 2284 to Restore DUI Jury Trial Rights

“Constitutional rights should be recognized and restored, no matter what the cost”

Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law

Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor Jan Brewer. Under the act, a provision was put in place to make it retroactively effective to December 31, 2011.

New Arizona Law Effective Retroactive to December 11, 2011

HB 2284 amended A.R.S. § 28 -1381; DUI jury trial rights as follows:    

  • A.R.S. § 28 -1381 Section 1 ( F): removes the language which allowed only for repeat offenders to invoke their right to a jury trial: And
  • A.R.S. § 28 -1381 Sec. 2. Retroactivity; applicability (A), (B) (1) (2):

(A) The act is retroactive to December 31, 2011;

(B) This act does not apply to:

  1. DUI charges for which trial has begun from or after December 31, 2011; before the effective date of this act;
  2. DUI charges for which the defendant entered a “guilty” or “no contest” plea to charges to, from, and after December 31, 2011; and before the effective date of this act.

Under the prior law, SB 1200, muted the rights of first-time, non-extreme DUI offender’s right to a jury trial. It would have taken effect January 1, 2012. But now that is void. First-time DUI offenders will have their rights again  to jury trial, the way they did, before SB 1200 took effect January 1, 2012.

Gilbert Criminal Defense Attorney

If you have been arrested for first DUI in Gilbert or the surrounding East Valley areas, you should contact a criminal defense attorney to discuss your matter and defense options. Not all arrests are lawful. If retained, your attorney will investigate to make sure your rights have not been violated; and defend your charges. There may be defenses that can be used that may lead to a dismissal or reduction of charges, and sentencing. Your chances of getting any favorable outcome in your case will significantly increase with representation by a private practice DUI attorney.

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