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» Entries tagged with "BAC"

Tempe’s Perverted Priorities

A recent article about Tempe discusses some new cash coming in for a very important purpose: The Tempe Police Department has been awarded a grant worth more than $360,000 to tackle a backlog of untested rape kits. “We are looking at several hundred kits at least,” Mike Pooley, a lieutenant with the Tempe Police Department, said. There are rape kits stacked to the ceiling in evidence vaults around the state and Tempe is no exception. Detectives can only guess 500 or more kits deserve to be tested and reviewed. If you’re thinking Tempe has prioritized the investigation and prosecution of rapes as something urgent, though, you’re crazy. How does that make them any money? At any given time, my caseload involves at least one person who got caught taking a leak in some dark … Read entire article »

Filed under: DUI

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

Scottsdale’s DUI Machine Malfunctions, Court Of Appeals Doesn’t Care

One of Scottsdale’s DUI-conviction-machines has some serious problems. I first wrote about it in 2012 after a Scottsdale City Court judge prevented me from telling a jury about the problems. The judge demanded an offer of proof before he was willing to admit evidence of anything calling into question the city’s malfunctioning piece of equipment. Instead of making the state bear the burden of proving the test was accurate and admitting all of the information about its problems, he presumed the results were accurate and precluded any information to the contrary. I wrote about it again in 2013, when a Maricopa County Superior Court judge finally ruled that blood test results from the machine in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of … Read entire article »

Filed under: DUI

Scottsdale’s DUI Problems

Over a year ago, I complained about courts making the defense prove that the state’s deeply flawed scientific evidence, which you can show for a fact was not just flawed but verifiably false in similar situations, was in fact flawed in your client’s case before you are allowed to tell the jury about issues that came up in other situations. The problem is finally coming to the surface. Imagine a situation where a particular gas chromatograph mixes up names and reference numbers of vials of blood being tested for blood alcohol content in DUI cases. It also stops running completely during tests and deletes baseline information. The state’s “expert” acknowledges those and numerous other problems, and he admits he has no idea why the problems happened. On … Read entire article »

Filed under: DUI

They Just Want Your Money

On Monday, I got to hear an elderly gentleman get sentenced for a first-time super extreme DUI (one where his blood alcohol concentration was over 0.20%) as I waited for the court to call my client’s case. He was so nervous he was shaking, and at one point, he begged the judge to not send him to jail. She told him something about how she would have to send her own brother for jail for that charge because the legislature set a mandatory minimum sentence. She also added a little comment about seeing people with a third of his BAC being involved in fatal collisions. How that could be the case seeing how she’s a misdemeanor court judge and doesn’t seem the type to go to … Read entire article »

Filed under: Courts, Government Rants

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