The city of Phoenix has a $270 million budget deficit and they are not filling vacant police officer openings to make up for it. According to the Arizona Republic, there are 250 vacant positions that will not be filled any time in the near future as the city tries to recover from this huge shortcoming.

So, what does this mean for the citizens and the legal community? Well it could mean an increase in Arizona crime. While that is highly possible, the city is being cautious that the cuts affect the community in the smallest way possible, like reducing the amount of time police helicopters are in use.

The cuts will also affect the Fire Department and the city Law Department where 28 positions will be eliminated including some City Attorney positions. To an already overwhelmed legal system this means more delays and busier court rooms.

Cases already seem to take an eternity to travel through the criminal court system. That is the nature of the beast. Additional delays will be a headache for everyone involved, from the judge who wants to clear cases from his calendar to defendants waiting in jail for their court dates.

With the economy soured, cities across the nation have to make cuts in places they would rather not. Phoenix’s budget deficit is average and the cuts being made are quite small compared to those in some other communities.

When facing charges and waiting for court dates, stress can mount and so can the fear of the unknown. If you or a loved one are waiting for a criminal case to be heard and you are looking for an attorney that can assist you during this lengthy process, call us to see how we can help.

The Intoxilyzer 8000, a DUI breath test machine used throughout Arizona has been shown to deliver false readings and has resulted in several DUI case dismissals. According to the Tucson Citizen, Judge Bernini from Pima County Superior Courts, initially ordered the Kentucky based manufacturer, CMI, to divulge the source code and the root of the software problems related to the faulty test readings. Her attempt to get to the source of the problem, however, has proven unsuccessful.

Unfortunately, Judge Bernini realized she did not have jurisdiction to place such an order on a business based in Kentucky who does not “do business” in Arizona and rescinded her order. Because the order was not legal, the court has no leverage to hold the manufacturer in contempt to failing to produce the requested source code.

If faulty DUI tests are being attributed to the Intoxilyzer why do agencies continue to use them? Simple, the answer is money. A department typically can’t afford to replace equipment like this at the drop of a hat. While some judges are throwing out breath test evidence retrieved from these machines, the police continue to use them because there is no other option.

It may be possible for prosecution to obtain the code from CMI, however, CMI has yet to willingly cooperate with any court. They require the signing of a confidentiality agreement and the company states this is the only thing standing in the way of the courts receiving the information they want. Judge Bernini, however, sees this contract as simply a waste of time and suggests that it is being used by CMI to skew the truth and appeal to the press and consumers.

Currently the Arizona Court of Appeals is considering whether the prosecution is barred from requesting the source code by the same jurisdiction laws that stopped Judge Bernini.

If police agencies and prosecutors build their cases entirely on breath test evidence, which they often do, they may want to reconsider their approach when the machinery begins showing signs of unreliability. While these defects may work in favor of those accused of DUI in Arizona, the state is wasting money bringing cases to court that it will potentially lose due to a fixable problem.

Because the company is so reluctant to share information, one faulty test can open the door to many more dismissals.

If you were out over the holidays you no doubt saw plenty of police cruisers looking for DUI offenders. According to the Phoenix Business Journal over 27,500 cars were pulled over during this past holiday season in Arizona and about 8% of those ended up as DUI arrests.

From Thanksgiving in November to New Year’s in January, DUI arrests climb all over the country. People happy about the holidays go out, celebrate, and drive home underestimating how much they have had to drink. While there is no denying that drunk drivers should be taken off the road, these checkpoints can be a major distraction for the rest of the drivers trying to get to their holiday locations.

With all of the regular people getting popped for DUI’s this holiday season was NBA commentator and former NBA star Charles Barkley. Stars are people too and there’s no doubt Mr. Barkley will have a highly skilled attorney on hand when he goes to court.

The number of DUI arrests in Arizona over the holidays this year took quite a decline from last year. There were about 700 less DUI arrests this holiday season. Whether it was due to effective public service announcements or the price of alcohol in this economy, we don’t know.

What we do know is even though the numbers are down from last year, the holidays bring out more DUI’s than any other time of year. This means crowded courtrooms and even further overworked public defenders.

Our State court system is stretched to its max and the slightest increase means further stresses on the system, which makes a good legal defense even more important.

Are you facing a DUI charge in Arizona that resulted from the holidays? Call our attorneys for a consultation on your case and to see how we can help.