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

As 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:

• 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.