The American legal system is such that it provides those accused of crimes the right to confront witnesses. This is done so that the defendant can expose any lack of credibility with a witness that may exist, as this does happen from time to time. As such, many witnesses in criminal matters undergo exhausting cross-examinations by defense attorneys who are attempting to expose any lack of credibility that the court or the jury should consider. This is how things work in Arizona DUI matters as well, as police officers are almost always witnesses in cases that go to trial.
Unfortunately for many defendants facing Arizona DUI prosecutions, an ongoing investigation into some alleged conduct by a police officer who spent his time investigating and pursuing DUI cases could prove to have an effect on several cases. What’s perhaps more important is the effect it could have had on cases that have already been completed. Basically, an officer is being investigated for a crime that would affect his credibility as a witness if it turns out to be an accurate allegation, but defense attorneys are upset that they were not made aware of it.
Specifically, a Phoenix police officer is being targeted in an investigation that involves allegations that he burned out his pickup truck and then claimed it was stolen so that he could recover $14,000 in insurance damages. He has not been arrested and nothing has been proven, and as of now the Maricopa County Attorney’s Office is reviewing criminal-fraud charges submitted by Phoenix investigators. No word was given as to where the matter could go from this point.
Almost regardless of where that issue stands now, defense attorneys are not happy that the failure by prosecutors to disclose this information about the officer prevents Arizona DUI defense lawyers from challenging his credibility. Given that lack of awareness, some are stating that they advised clients to take plea deals when they would not have otherwise had they had the opportunity to expose this potential lack of credibility with the investigating and in many cases arresting officer.
The prosecutor’s office is also refusing to comment publicly about this matter because it’s still an ongoing investigation. However, the officer at the center of all of this turmoil is still working, albeit in an administrative role. He is not actively investigating DUI allegations and is basically filling an internal role until all of this is worked out one way or the other. In the meantime, some of the Arizona DUI defense attorneys involved in these matters are considering different legal challenges.
Witness testimony is powerful evidence in any trial, especially if that testimony comes from a police officer, as most people will assume that a police officer is credible and honest. The ability to challenge someone whose credibility may be at question is critically important for any defendant. If you or someone you love has been arrested on suspicion of DUI in Arizona, contact the Law Offices of Douglas A. Schwab today to schedule a free initial consultation.
The notion of implied consent has been one that has been the topic of much discussion in the legal world in recent times, particularly when it came to what police could do when arresting someone who was suspected of a crime. With regards to
Every year, people from all different walks of life in Arizona warn others of the risks involved with drinking and driving over Memorial Day Weekend. Every year, the law enforcement community across Arizona steps up their efforts to patrol for drunk drivers and to arrest those who are suspected of having committed this crime. It is generally common knowledge at this point that long holiday weekends are a time when everyone is on the lookout for people who should not be behind the wheel, and every year statistics are released that detail the number of DUI arrests that were made in Arizona.
It’s that time of year again when summer unofficially kicks off with Memorial Day Weekend. Arizona is one of the best places in the United States to kick back and relax for three full days of fun in the sun, and millions of people will be doing just that beginning later this week and moving through the beginning of next week. Barbecues, parades, picnics and several other items are on the agendas of people from Flagstaff to Phoenix and everywhere else in between.
Every May, there are several reasons for law enforcement officials in Arizona and around the country to be extra wary of drunk drivers. Cinco de Mayo, Memorial Day Weekend and graduations from high schools as well as colleges and universities tend to prompt a higher number of people than normal to get behind the wheels of vehicles after consuming alcohol. As such, the law enforcement community of Arizona tends to step up its efforts with regards to DUI enforcement every May, and so far this year has been no exception.

As the law stands right now in Arizona, you could be pulled over by the police if they suspect that you may be impaired for some reason. If you are a legal user of medical marijuana, this could prove to be a problem even if you are not under the influence of the drug at the time. If you have any trace of the drug in your system, you can be arrested and prosecuted for
Perhaps you’re one of many people who has told yourself, “I can make it. I’m really not drunk. I’m fine. I know my way home. I just won’t speed, I won’t draw attention to myself and everything will be OK.” Many of us have told ourselves just that from time to time, and many of us have actually gotten away with driving after having too much to drink.
March is the time of year when hundreds of thousands of students at a time converge on Arizona to celebrate their spring break. From Lake Havasu to Scottsdale to Tempe, students from all over the country head to the desert to enjoy some fun in the sun and a week of relaxing. In fact, spring break is an important contributor to the overall economy of the state, as the tourism and hospitality industries need this time to bolster their revenues.
Many of us have laughed and joked about the so-called efficiency of government on several levels. We have all been taught that government is a creature that moves extremely slowly and that nothing gets done before mountains of red tape have been eliminated. However, the sharing of data pursuant to DUI arrests in Phoenix is no joke for anyone, and people who face this or any DUI-related charge in the city may soon be facing a much more efficient government that has access to all the data and evidence that could relate to a DUI case.
At this point in our history and in our culture, everyone either already knows or should know of the dangers of drinking and driving as well as the potential penalties that can be faced if someone makes this mistake. As such, many people do try to do the right thing and avoid driving after an evening of imbibing. However, there is still a matter of science to consider in that it takes time for alcohol to leave a person’s system such that he or she falls below the legal limit for alcohol in the bloodstream.
