The Court of Appeals of Arizona recently decided an appeal regarding aggravated DUI in the case State of Arizona v. John Patrick McDonagh. This is an interesting case that works in favor of DUI defendants. It arose when the State charged the defendant with four counts of aggravated DUI. These were all variations on the same facts, including: (1) drunk driving on a suspended license, (2) drunk driving with a BAC over .08 on a suspended license, (3) third instance of drunk driving within 84 months, and (4) driving with a BAC over .08 on a third offense.
The defendant was convicted of all four of these. During a sentencing hearing, the judge imposed a minimum mandatory 4-month term in prison followed by two years of probation. The court ordered the prison terms and the probation to run concurrently. It also ordered significant “Assessments” totaling $4,630 per count. From the way the court wrote the order, it was not clear whether these Assessments were imposed concurrently or if this was the sum the defendant had to pay per count.
The defendant appealed solely with respect to the issue of the Assessments. He argued that there shouldn’t have been four separate Assessments assessed for four felony convictions all arising from the same driving incident. He didn’t raise a constitutional issue, but rather a prohibition found in the state statutes. Specifically the code states, “[a]n act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent.”
The appellate court asked the parties to report how his payments were applied. The parties’ reports revealed that the court’s clerk applied the payment such that each dollar was credited to only one, not four counts.