Tag Archives: probation

Does AZ really have “tough” DUI laws?

Arizona metes out harsh penalties for drunken driving, with mandatory jail time and heavy fines, and Maricopa County Attorney Bill Montgomery said Arizona has steep penalties for good reason

— Arizona toughest in nation on DUIs, study says

“simple” DUI results in spending a day in jail; this is apparently enough to place AZ as having the toughest laws.

You might expect, then, that DUI drivers who injure people, and are not simply driving around impaired, would receive harsh sentences. Continue reading Does AZ really have “tough” DUI laws?

SENTENCING: Barrow’s Neurologist killed by hit-and-run Driver

[ Linsk got pulled over and arrested AGAIN after serving his trivial sentence, 12/17/2014: Driving on suspended license: TR2014159525000, East Mesa Justice Court , a citation for unsafe lane change (presumably the reason he was pulled over) were dismissed. ]

[ yet another update? There are two new post-sentencing court minutes, The first dated 9/12 refers to the “Defendant’s custody status and medical issues”. The second, dated 9/13 CUTS THE JAIL SENTENCE IN HALF from 90 to 45 days, but also now “shall not participate in work release or work furlough”. The Defendant’s original sentence had him eligible for work release.  Laurie Roberts of the Az Republic did a column specifically about Linsk and on the light sentencing of hit and run drivers in general a couple of days ago. Roberts notes “Linsk was never charged in Maalouf’s death. Though he was speeding (59 to 62 mph in a 50 mph zone) and drifted into the bike lane, that apparently is not reckless enough to warrant a manslaughter charge”. This is the first I’ve heard this; reporting news is largely defunct ]

[ Update 9/6/2013: The driver was sentenced to 90 days in county (eligible for work release), and 5 years of supervised probation, as well as some community service. kpho.com. As is typical, the news is mum on anything to do with the mandatory 5 to 10 year license revocation for those convicted of this crime — though according to a first-hand account from the hearing, the driver will have a 10 year license suspension (i pasted that account, below, in a comment). If 90 days sounds light, it’s actually pretty heavy in terms of what other hit-and-runners get… though it is certainly light in view of the fact it is a very serious crime (Felony, class 2) carrying a presumptive prison sentence of 5 years. The actual sentencing court minute is not yet available; sometimes there are “tricks” in them — for example Lila Swanson was sentenced to 6 months incarceration for a fatal hit-run  that was delayed, deferred, and ultimately “deleted” (never served). The sentencing minute became available on Wednesday m5939382. I was glad to see it explicitly state that “IT IS ORDERED revoking the defendant’s drivers license as required by Arizona law”; I have never seen this in any other sentencing document ]

[ Update 7/12/2013 Criminal case against Nicholas Linsk is CR2012-153890; charged with 28-661 Hit and Run w/Death, a Felony 2. State’s attorney is Karen Komrada; and defendant’s is Clark Derrick. New media is reporting he has pleaded guilty ]

Bicyclist Marwan Maalouf was killed when he was struck from behind by a Chevrolet pickup truck westbound on Shea Blvd (it was about 1/4 mile east of Palisades Blvd) in Fountain Hills around noon on Sunday Oct 14, 2012. According to witnesses, the driver stopped and then drove off. Police arrested Nicholas Linsk. Linsk initially told investigators his pickup was damaged in a Target parking lot, he later changed his story to say he struck what he believed to be a traffic barricade.

Police (MSCO) said there were “bicycle tire marks inside the bicycle lane that showed there had been an impact with the truck”; if that is the case, and the driver was straddling the lane (partially in the right lane, partially in the bike lane) he should additionally be charged with 28-672 (causing death with moving violation) because that would mean he was in violation of 28-729 (not driving within one lane). [that charging was done successfully in the Lito Silla, Scott Drozdz and Brent Holderman triple-serious injury case — though that was not a hit and run, and was handled in justice court; though the investigating agency was was MSCO] Continue reading SENTENCING: Barrow’s Neurologist killed by hit-and-run Driver