SCOTTSDALE DUI LAWYER | SCOTTSDALE DUI ATTORNEY
The Definitive Guide
- Unique issues such as DUI Quotas, Prosecutor and Scottsdale Crime Lab Scandals.
- How a typical DUI progresses through the court in Scottsdale AZ.
- Essential information to Scottsdale DUI allegations necessary for your defense.
Then this guide is what you are looking for.
Scottsdale DUI cases are different. Most people could not know this fact. Unless you have other DUI arrests to compare. The good news is you don’t have to get arrested somewhere else to learn the difference. Here are some important things only experienced Scottsdale DUI Lawyers know.
Essential Information About Scottsdale AZ DUI Cases
Between 2010-2016 the Scottsdale Crime Laboratory used instruments suffering from catastrophic software errors to test blood samples in Scottsdale AZ DUI cases. The kinds of errors that occurred included:
- Misidentified results
- Data Suppression from the analysis by the computer
Myself, and a handful of other Scottsdale AZ DUI Lawyers, challenged the issue in a series of legal hearings. As these hearing went on systemic flaws in their testing process was revealed.
- Arizona Supreme Court rules on Scottsdale DUI evidence
- Arizona DUIs in Question over Lab Methods
- Scottsdale DUIs in question over lab methods
- E-mails point to problems in Scottsdale crime lab
- Lab Results in DUI Cases In Arizona City Challenged
- $90K DUI machine goes unused in Scottsdale
- DUI Lawyer Scottsdale
Here is an article about a change in leadership at the Scottsdale AZ prosecutor’s office:
Within the last few years we have still found unresolved software errors in the Scottsdale AZ crime laboratory.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
Blood Sample Tampering
In 2016, a blood sample was seized from a person accused of DUI. The blood sample is contained in a tube called a vacutainer. As is customary, a police officer collected two samples. Each sample in their own tube. The tubes of blood were sealed with red evidence tape.
A Scottsdale Crime Laboratory Analyst tested one of the blood samples for an alcohol concentration. This required her to open on of the blood tubes and break the red evidence tape. The second tube is intended to be in storage for the accused to test if they chose.
The analyst did not report any issues with her analysis. Her result claimed that the person’s sample contained an alcohol concentration above Arizona’s legal limit. The prosecution of the accussed in Scottsdale City for DUI went forward based on her results.
She subsequently informed the laborary that she was “planning on leaving the country” (you can’t make this stuff up if your tried). As a result, the lab states it retested several samples where the associated cases was set for trial.
When a member of the lab evaluated her work they essentially concluded that she attempted to cover a mistake. To do so she clandestinely opened the second tube and passed off a different result as her original test. If there was not a reason for someone to check her work (because of her plans to leave the country) it would never have been discovered.
Fire Destroys Blood Evidence
On July 13, 2019, an officer arrived at one of the Scottsdale Police Department’s Substations and noticed an odor of smoke. He discovered a refrigerator used to store DUI blood samples had been burned by fire. Several blood samples in DUI cases were also burned, damaged and destroyed.
On May 6, 2020, an internal Scottsdale Crime Laboratory Memorandum revealed methanol contamination in a “control” used during an alcohol testing run. The source of the contamination is unknown.
You have lifted the weight off my shoulders and given me back my life, sanity..."
To start, the Scottsdale Police Department is very aggressive when it comes to DUI enforcement. Sometimes they are so aggressive that there is a danger of a rush to judgment. There is objective evidence demonstrating many people have been accused of DUI in Scottsdale and it was subsequently determined they were innocent.
Moreover, the Scottsdale Police Department is one of the few law enforcement agencies that require a person suspected of DUI to perform both an intoxilyzer breath test and also provide a blood sample.
Here are some more articles about the Scottsdale City Prosecutor’s Office:
- Fired Scottsdale prosecutor sues city. He says he blew whistle on unfair DUI convictions.
Scottsdale police make a significant amount of DUI arrest each year. To give you an idea of the volume of DUI cases that are prosecuted in this court let’s look at 2018. According to the Scottsdale City Court’s 2018 Annual Report, 14,763 criminal matters filed: 434 were DUI cases.
It turns out I hit the lawyer lottery."
Accordingly to a 2016 study by the Goldwater Institute, not only does court have a net revenue, it’s actually one of the top-earning courts in Arizona. The Scottsdale City Court’s Revenue was: $7,766,086, but the court’s expenses were a mere $4,742,649 in comparison. As a result, the court had a net profit of approximately $3,000,000.00.
They will tell you no, but…
I discovered this by chance during a jury trial. Instead of using the word “quota” they call it a SMART Goal. As you can see from the above screenshot taken from a Scottsdale City Counsel Quarterly Report, the Scottsdale Police Department has a SMART goal 2400 DUI arrest per year.
They also have a goal to have 70% of those arrested to be of non-Scottsdale residents. Why would arresting more people, who don’t live in Scottsdale but commit the crime of DUI there, the make the city safer? (I live in Scottsdale and this statistic definitely does not make me feel safer).
Most DUI arrests in Scottsdale are processed and prosecuted in the Scottsdale City Court. The deciding factor that determines what court your case will be sent is which police department makes the arrest.
When an officer makes an arrest they have discretion to submit to the case to any court that have jurisidction. In scottsdale there are two possible court. The Scottsdale City court or the West Mesa Justice Court (the name is misleading).
It is legally possible for a person arrested for DUI who was merely visiting Scottsdale to resolve their case without returning to Arizona. However, this is a very fact-specific issue.
Scottsdale is one of the only police departments in Arizona that will wait until the entire DUI investigation is almost completed – to inform you of your legal rights. Their standard practice is to inform you of your right to consult with a lawyer after obtaining your consent to a chemical test.
How do you challenge a blood alcohol test result (BAC result) in a Phoenix DUI case?
Yes. However, a word of caution – the court’s online system is not always correct and there are often delays between when the court (or law enforcement) makes a decision and when it posted online. Here is a link Scottsdale City Court’s CASE SEARCH.
According to Scottsdale Police Department Policy officer are required to activate their “on-body camera” (OBC) to record all citizen contacts when performing their official duties. However, the videos they provide often are muted or edited. If a criminal defense attorney wants to see if this has occurred then they might be able to obtain metadata from the recording software.
The Scottsdale Police Department has started to acknowledge some of the problems that have arisen since officers have started using on-body cameras. Here are the results of a June 2018 internal Police Body Camera Audit: AUDIT REPORT NO. 1808
Once a person receives a summons for jury duty and appears, the process of selecting which jurors in the “pool” will actually sit to decide a case is called voir dire. During this process the prosecutor and the criminal defense attorney will select the people that will actually hear the case.
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On June 18, 2020 Scottsdale Mayor Jim Lane issues an emergency Proclamation requiring masks be worn in public while in the City of Scottsdale.
Scottsdale City Council Member - Guy Phillips
In surprise to many, in defiance of the Mayor’s proclamation, Scottsdale City Council Member Guy Phillips made Arizona headlines by leading a rally protesting the mask requirement.
In even a bigger surprise, Mr. Pierce made national headlines when a video showed him repeating the words “I can’t breathe” while wearing the mask invoking the death of George Floyd by police.
Bars Violating The Mask Requirement
Despite the Emergency Proclamation requiring masks in public eight Scottsdale nightclubs were issued final notices from the state Department of Liquor for failing to comply with safety guidelines. Riot House, on the eight, was charged with a misdemeanor by Scottsdale police for violating the order.
The United States Supreme Court, in the case of Brady v. Maryland, held that the government must disclose to the defense all evidence that is favorable or may exonerate a defendant. As a result, prosecution officers have created so called “Brady Lists” identifying officers that have demonstrated dishonesty through their conduct. Under Brady, the government must disclose exculpatory evidence to a criminal defense lawyer even without a request.
Want to search Arizona’s Brady list to see if an officer has been identified? Then click the link below.
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