Jurisdiction And Why It Is Important
If you have been charged with misdemeanor DUI, where and by whom you were arrested determines what jurisdiction your case will be filed in. For instance, if you are arrested in the City of Tucson by the Tucson Police Department, then your case will be filed in Tucson City Court. If you were arrested by Oro Valley Police within Oro Valley, your case will be filed in the Oro Valley Magistrate Court. On the other hand, if you were arrested anywhere in Pima County by the Department of Public Safety, Pima County Sheriff's Department, or the University of Arizona police, your case will be filed in the Pima County Justice Court. Your case will also be filed in the Pima County Justice Court if you were arrested by a municipal police agency outside of its jurisdiciton. For instance, if a Tucson Police Officer arrests you outside of Tucson City limits.
Jurisdiction is important as it determines which prosecuting agency handles your case. This is important as each agency has their own plea policies. Also, how much discretion or ability an assigned prosecutor has to depart from policy varies by each prosecuting agency.
Lastly, jurisdiction is important as some jurisdictions have establlished home detention programs, and others, such as Pima County, have not. The ability to do home detention can significantly reduce the amount of actual jail time a DUI defendant may be subject to if convicted.
