Unique Issues and Special Information for Phoenix, AZ DUI Cases
If you are arrested for DUI, Extreme DUI, or Super-Extreme DUI and seeking a Phoenix DUI Lawyer, then here are some things you want to know.
Here are some things experienced DUI Lawyers know. Most DUI arrests in Phoenix are prosecuted in the Phoenix Municipal Court. At the same time, being arrested for DUI in Phoenix does not mean your case will be prosecuted in Phoenix City Court.
Police have discretion to submit DUI charges to a county court (called a “justice court”). In practice, if you are arrested by Phoenix Police for DUI then your case is sent to the Phoenix Municipal Court.
If you are arrested for a DUI you should be aware of these criminal defense issues with the police department that claims you violated Arizona DUI laws. These are issues that Phoenix DUI Attorneys should be investigating.
In any large organization, there are good people and people not so good. The Phoenix Police Department is no exception. Accordingly, you should be aware of some of the more notable things that have come out about the Phoenix Police Department. Here is a recent article that provides: “A Timeline of the Phoenix Police Department’s Worst Misconduct Scandals.”
Phoenix Police Chief Suspended
According to an independent investigation initiated by the City of Phoenix, members at the highest levels of the Phoenix Police Department participated in a decision to falsely charge a group of protesters as a criminal street gang. Several Phoenix police officers refused to be interviewed or turn over documents when requested by investigators. As a result, Phoenix Police Chief Williams has been suspended and members of her staff have been demoted.
Lawrence Koplow | Statement to The Guardian
Phoenix Police Officer McGillis - Accused of Misconduct
Body-cam footage shows an officer with a history of misconduct claims slammed 23-year-old Mariah Valenzuela to the ground within seconds of traffic stop.
*All charges against Ms. Valenzuela have now been dismissed.
Lawrence Koplow | Statement to The Guardian
Pulled over for a minor traffic stop, the 23-year-old ended up with cuts on her head and legs, abrasions on her hands and blown-out blood vessels in her eyes, per the complaint.
Something to consider about this incident: Arizona law has a few specific requirements for an officer making an arrest.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
All DUI matters prosecuted in Phoenix Municipal Court are misdemeanors. That is first time DUI offenses, Extreme DUI matters, second-time​ misdemeanors DUI case and Super-Extreme DUI cases. FELONY CASES are not heard in Phoenix AZ Court.
In 2019, many Phoenix police officers started using body camera videos. These videos can be an indispensable tool for defending you DUI allegation.
DUI cases begin in Phoenix AZ Court when a citation or complaint is filed alleging you violated Arizona DUI laws.
The Arraignment is provided on your citation or on a summons mailed to you. The primary purpose of your arraignment in Phoenix City court is to inform you of what specific Arizona DUI laws the police claim you violated. If you are cited with an Arizona DUI and released a few hours later, then an arraignment is your first court hearing (usually handled by your DUI attorney).
An arraignment can feel more administrative than legal. If you hire a private Phoenix DUI attorney then they can appear on your behalf at the arraignment.
A “PDC” give your DUI attorney a chance to discuss your case with the prosecutor, monitor discovery and enter into plea negotiations.
If you were unable to resolve your case then it will proceed to trial. Arizona specifically makes DUI cases jury eligible.
The majority of DUI cases are based upon a chemical test. Blood is tested for an alcohol concentration, a drug concentration or a drug metabolite. Urine is analyzed for the prior use of medications or drugs. DUI defense requires the ability of your DUI Attorney to challenge these measurements.
Point of Concern: The Phoenix Crime Lab (as are other forensic labs in Arizona) is a wing of the Phoenix Police Department. This raises concerns as to their independence. 
The National Academy of Sciences is one of the world’s most respected scientific organizations. They were tasked by the United States Congress to evaluate our country’s crime labs. One of their primary findings was that crime labs should be independent from police departments.
The danger being, labs set up as the Phoenix Crime Lab currently is, can suffer from a bias that favors supporting an officer’s arrest decision – instead of just practicing science.
The specific facts of a DUI arrest may dictates who needs to be contacted. However, a good place to start is with the Phoenix Police Department Code Enforcement, Vehicle Impound Unit. Their phone number is (602) 495-2096.
Your attorney will be given a copy of the police report as part of the discovery process. However, police reports can also be obtained directly from the Police Department. Here is a link: Phoenix Police Records Department.
People often say I searched for a Phoenix DWI Attorney and could not find anything? That is because Arizona does not have an offense called “DWI.” However, DUI DWI practically mean the same thing. Arizona uses the term DUI, Extreme DUI, Super Extreme DUI and Aggravated DUI.
To be candid, that is something you will have to decide. I would ask you to read MY PROFILE and then do some homework. Perhaps you may want to:
Where is it? How do you get there? (Phoenix AZ)
Address: 300 Washington St, Phoenix, AZ 85003
Phone: (602) 262-6421
Fax: (602) 534-3628
Email: [email protected]
Website:
https://www.phoenix.gov/court/about
In Brady v. Maryland, the Supreme Court ruled that the prosecution is required to disclose all evidence that is favorable or may exonerate a defendant. This resulted in prosecutor creating “Brady Lists” in criminal cases to identify officers that have demonstrated dishonesty.
Real Client's Husband, Phoenix, AZ
That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
- David E.
REAL CLIENT, PHOENIX, AZ
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."
- Joe C.
For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.
The best DUI defense stuff that only a few know and none want to share. A one of a kind annotated resource for lawyers, people accused, or anyone who wants to see what’s going on in our justice system with DUI cases…and how to fix it.
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