Mesa City Councilman, Ryan Winkle removed from his seat after second DUI conviction

by Aaron Black • September 08, 2017
Extreme DUI in Tempe, AZAs I’ve mentioned time and time again, a DUI can happen to anyone. Mesa City Councilman Ryan Winkle is no exception. Winkle was arrested for a DUI in Tempe in May with a BAC (Blood alcohol content) of .22 percent which is considered a Super Extreme Driving under the influence. Winkle’s first arrest occurred in 2009.

Winkle agreed to a plea bargain; the charges were reduced to an extreme DUI. A plea deal (agreement) is a compromise between you and the prosecutor which eliminates the need to go to trial.

Plea bargaining

Please be aware that when you plea bargain you will have to confess to being guilty of the charges levied against you.
  • Charge bargaining – When you charge bargain, the charges against you will be reduced or dropped entirely in exchange for a guilty plea. Charge bargaining is the most common plea agreement.
     
  • Sentence bargaining – If you agree to a sentence bargain, you will have to plead guilty to the charges in exchange, you will receive a lighter sentence than what the crime you have been accused of would have otherwise imposed upon you.
     
  • Fact bargaining – Not all states allow fact bargaining, however, Arizona does. Though not often used if you fact bargain you will admit to certain facts about the charges against you. The prosecutor will then agree not to enter other facts about the crime into evidence. If a fact bargain is agreed upon between you and the attorney, a judge will have to approve it to make it final.
Winkle pleaded guilty to the DUI charges and was sentenced to 6 days in Lower Buckeye jail after which he faces 49 days of home detention with work release and a fine of $3,815.

1st Time Extreme DUI above a .15 BAC (but less than .20)

  • Minimum Jail - 30 days jail
  • Maximum Jail – 6 months
  • Fines:
$250 Fine
$210 Surcharge
$250 Driving Under the Influence Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
  • 90-day License Suspension
  • Possible Probation up to 5 years
  • Alcohol / Drug Screening & Classes
  • Possible community service
  • Pay for jail incarceration
  • Potential of monthly probation fees
  • Possible SR22 insurance
  • 1-year Ignition interlock
In late August, Winkle faced a disciplinary hearing in which the board decided that he broke the board's ethics code by demonstrating a lack of fitness for office. Ultimately Winkle was removed from the council.

If you are facing DUI charges in Phoenix and you’re not sure if a plea agreement is right for you, contact the Law Office of Aaron Black for a free consultation or call 480-729-1683.

 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
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