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Here's one for the books!!

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Janeen

Junior Member
Arizona

Here's one for the books...And has really left me very bitter and too all the respect I had for our Judicial system.

I just spent a 2 year sentence in the Az State Prison for an Indictment charging me with a felony 4 Agg. DUI. This happened when a Detective came to my home, showed a warrant for my arrest, handcuffed me, and placed me in a police car, while my 2 pre-teen girls watched in fear.. BUT the only problem with this arrest was:

I NEVER HAD A DUI
OR ANY TRAFFIC
VIOLATIONS, NOR HAVE
I EVER BEEN IN TROUBLE
WITH THE LAW IN MY
LIFETIME...EVER !!

Upon my release. I was refused renewal of my drivers license, saying I was revoked - indefinitely.

The "work release program" placed me in a job with MVD (Headquarters), so I called and talked to my supervisor, who gave me the private number a special agent with the MVD Investigation Unit, whom I called, (and who remembered me), I asked how to get my D.L. back, to my surprise/fear plus the first time hearing this, he says "Darlin you show 7 DUI's, all withing a 6 month period, your not getting your license back for a long time! So I begged and pleaded until he reluctantly agreed to check it out. Even said, for me, not to get my hopes up, that these things rarely pan out.

(At least I found out why my words fell on deaf ears, from my PD to the Judge. They must of thought I a nut, or in big denial, because their report says 7 DUI's, which also explains the Indictment. BUT IT DOES NOT EXPLAIN WHERE THEY CAME FROM OR WHO PUT THEM ON MY RECORD. And how no one did their job, like ask questions, check records (simple tasks). Or simply let their client speak. Nooooo.... they are all happy with just a MVD report).
But my PD thought it was special because I didn't get the maximum sentence of 3½ yrs.

Three days later, the investigator called with his report. Asking if I wanted the good or bad news first .. ..and didn't hesitate with the silence, he went on to say, "after talking to the Superior Court clerk, and because of the answers I recieved, I decided to go check the records myself. And said, he "DID NOT FIND ANY" police reports, arrests, attempted arrests, suspect reports, breathalyzer tests, BAC blood test, nor any other traffic violation findings that collaborate with the accuracy of my MVD file!" Said he has corrected my MVD record accordingly, and my driving privilege is in immediate reinstatement status. He also apologized, telling me in his 20 years as investigator for the MVD, has he ever had a case this strong, prove out "completely" in favor of the client.

And stupid me, thinking this investigation fixed everything ....Wrong..... A background check denied me employment, because I'm a "convicted felon", as it also shows on my police profile, the web DOC sites, in fact, for 9 bucks anyone can get a copy. But, if I'm a good little girl for 1 year, and keep my nose clean, I could get a job that pays 6 dollars an hour.

SO..THAT'S IT - NO MORE.. I have no other information to give for this posting.
No One Knowsn or wants to tell, Who, Where, Why, or How those DUI's got on my driving record, even though the courts are so sorry, and blamed being understaffed. And it seems so easy to put things on a record but nobody can, or will tell me now how to get the felony my record, or if DOC will/can correct the 2 year sentence, since Arizona only "set aside" records.

In the meantime, **I work for minimum wage, but I still have to pay off my student loan, for the 2 degrees I can't use now! **My girls think I'm a bad person, since I raised them" to "believe" in the Justice system. **I didn't get to say good-bye to my Mom when she died 3 months ago, because I was incarcerated, and according to MADD, DUI people don't get leave for family deaths. **My brother, cousins & friends are far and getting fewer. **I'm too embarrassed to go to my upcoming class reunion, I read what the newspaper printed 2 years ago, as my classmates also did. **People asking others why I am not in AA meetings. **Or will she go in a detox center when she starts drinking again. **maybe she wants to go back to jail? And no one is shy in boasting to me,**"oh just go have have another drink!" & the worst one of all that I have heard is, **"Gee, sure hope the girls learn from their moms problem, and don't turn out like her" **I can't even vote.

Am I MAD.??...Your damn right I am!!!
And I don't know where to even begin in getting this mess straighten out. I did try to get a hold of my P.D. and found, he was newly elected, and is the presiding Superior Court Judge.

So anybody "Advise" please, anything... that I can follow up on. How do I go about getting probono? I have no funds, I make $5.35 an hour, working 3 part time jobs, and forced to survive.

Thank you for reading my problem.

Janeen
 


tranquility

Senior Member
Get an attorney. With a little work he can find out how much of what you say is provable. If he thinks you have a case, he'll take it on contingency/hope for 42 USC 1988.
 
you can also tell your story to EVERY media agent you can find. If there's public attention to what hapened to you, they'll want to make it go away real fast.

Contact the ACLU as well, they may be able to help.

I'm not an attorney, take what I say with a grain of salt, research and make your own decisions, those are simply my opinions.

--Dave.
 

garrula lingua

Senior Member
Contact the head of that PD department.

The PD screwed up - you had the right to force the Prosecution to 'prove up' every prior - and not just with certified court records (which, apparently didn't even exist here).

Some 'DUIs with a prior' go to trial only because it's the prior DUI which is being challenged.

Put this mess into the hands of the PD (and the Prosecutor will/should be devastated to know s/he proceeded on incorrect info.)

I don't know os any criminal jurisdiction which proceeds solely on Motor Vehicle records - there are too many errors in MV records (they usually MISS priors & a Prosecutor is looking for priors in ANY state).
Most Prosecutors will obtain the court records of priors and a booking photo of the defendant if the defense atty claims it wasn't the defendant.

This is really a miscarriage - the complaint should have listed the priors, giving the date of offense, the conviction date, the offense and the jurisdiction. Your rap sheet should have mirrored the motor vehicle printout.

Get the info from the MV Investigator & go down to the Prosecutor's Office & ask to see the supervising attorney.
The original PD and the filing Prosecutor have to be informed as to what happened to, both ensure it doesn't happen again, and to correct your record. The Prosecutor and the PD should confer & this should be brought before the sentencing Judge. The Judge will be ticked and will want the situation corrected & your record adjusted.

The Judge can allow you to withdraw your plea to the felony ...
The original parties/offices involved must correct this.

Get your MV info & go down to the Prosecutor's Office. You can try calling first, but I'd stake out both the Prosecutor and the PD - you need to get this into court. The first ball is in the PD's Office to get cracking and straighten this out, but I bet the Prosecutor will grab it if the PD drags their feet (the Prosecutor's ethical duty is to 'do justice').

Good luck.
 

panzertanker

Senior Member
Seriously???

People:
How does one go to get indicted, get sentenced, and go to prison for 2 YEARS without the truth of "I NEVER HAD A DUI OR ANY TRAFFIC VIOLATIONS, NOR HAVE I EVER BEEN IN TROUBLE WITH THE LAW IN MY LIFETIME...EVER !!"
coming out to clear the accused???

Something is GLARINGLY missing from this story**************
 

BigMistakeFl

Senior Member
BigMistakeFl

She never "went to prison". Her story sounds outrageous, which is why she should pursue getting it corrected and fight this.
 

You Are Guilty

Senior Member
Attention everyone! This week only, I'm having a special deal - - 50% of the regular price to have your BS-O-Meters calibrated and adjusted! (Clearly, some of you need this more than others). Spaces are limited, so call now and save!
 

tranquility

Senior Member
Even if the story is fabricated down to the smallest detail, the facts which are relevant are easily proven or disproven with the proper resources. I think the BS-o-matic 9000 should be saved for when the important facts are related to situations where no proof/disproof can be had. He said/she said, the cop said, my ex-wife said, I was thinking, I didn't know--stuff like that.

In this case, I feel the more appropriate device is the older, but more reliable, SIOSI 50-50 (Should I, or Shouldn't I) which is more geared to determining whether to post over what to post.
 
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