JP Urges Resolution Of DUI Issues Petition Seeks Ruling By State High Court

The Arizona Republic
October 1, 1999

Brent Whiting, The Arizona Republic

The following quotes are from the above-referenced article. For an exact reprint of this article click here to see the full article in PDF format.

A Phoenix justice of the peace has jumped into the fray involving allegations of evidence tampering by the Arizona Department of Public Safety in drunken-driving cases.

Nearly 300 DUI cases are pending in Maricopa County justice courts that raise the same issues that were decided by Burkholder, McMurry wrote in a petition. Help is needed so that JPs know how to resolve these cases, he said.

In a 41-page ruling, Burkholder held that the DPS crime lab has engaged in "bad faith" dealings in its handling of evidence relating to breath-test results registered by the Intoxilyzer 5000, a machine used by police statewide in DUI cases.

Lawyers Rob Robinson of Glendale and Craig Penrod of Tempe have filed a separate petition with the Supreme Court urging that a ruling be issued to break a logjam involving thousands of pending cases throughout the state.

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