Ruling Sought From Top State Court Quick Resolution Of DUI-Test Flap Wanted

The Arizona Republic
September 9, 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.

The state's highest court was urged Wednesday to intervene in a statewide flap involving drunken driving and allegations of evidence tampering by the Arizona Department of Public Safety.

Rob Robinson, a Glendale lawyer, and Craig Penrod, a Tempe attorney, are challenging part of a ruling last week by Judge John Burkholder of Glendale City Court that tossed out breath-test evidence gathered against 88 people accused of driving under the influence.

The two lawyers told the Supreme Court that under state law, Burkholder should have ordered outright dismissal of the cases.

They allege that "tens of thousands of DUI cases" that have been resolved since 1995 may be jeopardized because of the practice.

Robinson and Penrod told the Supreme Court that lower courts throughout the state "are at a virtual standstill since they cannot try DUI breath-test cases, often their most frequently litigation [sic] matters, absent a resolution of these issues."

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