Tucson DUI Intoxilyzer (DUI) Ruling
Tucson DUI Intoxilyzer Ruling
I have received several emails and calls today from people wondering whether the excellent ruling that got a lot of press today out of Tucson will impact DUI cases in the Phoenix area. (…)
I have received several emails and calls today from people wondering whether the excellent ruling that got a lot of press today out of Tucson will impact DUI cases in the Phoenix area. The short answer is that it is too early to tell. The City Attorney in Tucson has indicated that an appeal is coming. Those cases, along with others from other counties, will probably work their way up the appeallate chain of command.
It is possible to have rulings in Tucson and Phoenix that disagree with eachother. Division I of the Arizona Court of Appeals covers cases out of Phoenix, while Division II covers Tucson. If there are ultimately rulings from both Appeals courts that conflict, then it is likely that the Arizona Supreme Court will settle the matter.
In the meantime, this issue may be right for some cases in the Phoenix area, and strategically or logistically unadvisable in other cases. We evaluate each case on its own merits.
We don't know how this will ultimately turn out, but in the meantime, congratulations to the excellent Attorney who spearheaded this litigation in Tucson.
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