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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 »

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