My Mother The Car Driver

A lawyer’s felony conviction drew a two-year suspension from the Arizona Hearing Panel

On December 4, 2015, after a jury trial, Mr. Peltz was found guilty of aggravated assault, temporary/substantial disfigurement, a class four felony and assault, a class two misdemeanor. Mr. Peltz admits he intentionally did not report his felony conviction to the State Bar as required…

His attempt to claim innocence failed

The State Bar in its memorandum and at hearing claimed Mr. Peltz was collaterally estopped from arguing his mother was the person driving the car that resulted in his felony conviction. “Respondent continues to assert that his mother was the person driving the car, not him. Respondent is precluded from using this as his defense as he was convicted of driving the car and injuring his mother after a criminal trial.” [State Bar Prehearing Memorandum, page 5.] We disagree…

Mr. Peltz admits alcohol played a part in his felony conviction and if he had not been drinking, his Mother would have not been driving. Prior to his conviction, he swore he was drinking alcohol daily. He testified he has not had an alcoholic drink since he was placed on probation and it has made him realize he was previously abusing alcohol. That testimony is consistent with the conclusion of the Presentence Report writer. [Exhibit 11, Bates SBA000479.] He stated he has no interest in returning to alcohol use and we believe he is sincere in that stated goal.

Notably

The undisputed record is the mother of Mr. Peltz had a history of Alzheimer’s disease, was slightly demented and had no driver’s license.

He has been suspended as a result of the conviction. (Mike Frisch)