Superextreme DUI challenged as unconstitutional (DUI-DWI-News.net)
Superextreme DUI challenged as unconstitutional
The challenge to the poorly drafted Arizona Super-extreme DUI law is expected and should (legally) succeed. (…)
The challenge to the poorly drafted Arizona Super-extreme DUI law is expected and should (legally) succeed. The way the law is currently written, there is no mention of the time that a person is prohibited from having a .20 or higher BAC. Contrary to the politician quoted in the article, I think the drafters of that DUI bill already do have egg on their faces. In their haste to make the laws tougher, they simply did not think it through.
If the governor signs into law the Arizona DUI bill that she recently vetoed, if it gets resubmitted without shortening the ignition interlock requirement, the drafters (and the Governor) by implication are likely to have egg on their faces all over again. We will see if they notice the problems with the bill. Hint: it is one thing to pass tougher laws, but you have to have the money to enforce them.
Quoted from Suit challenges stiff new DUI laws "There is nothing that is 100 percent, but why leave it to chance if even one (attorney) says it could get thrown out?" said Waring, who introduced legislation earlier this year addressing some conflicts with the new DUI laws. "We'd all have egg on our face, especially the governor for vetoing the bill." Source: feeds.feedburner.com
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Some say there's a slim possibility a judge would toss out the DUI laws over technicalities. But Sen. Jim Waring, another Phoenix Republican, said there's a good reason why the liquor lobbyist and other interlock opponents are fighting for the bill's defeat.