If you ever find yourself in a situation where you have been stopped by the police and investigated for DUI, immediately ask to speak to an attorney.
Recently, the Arizona Court of Appeals in State v. Penney, No. 1 CA-CR 10-0766 (Ariz.App. Jan. 31, 2012), ruled that a DUI suspect (Penney) was denied his right to counsel when he was given yellow pages by the police officers with the attorney ads ripped out. When the defendant pointed out that he was unable to reach an attorney because there were no attorney telephone numbers in the yellow pages he was given, his complaint was ignored by the police. The Court of Appeals stated “Police must afford a DUI suspect a reasonable opportunity to consult an attorney. . .Penney could not have reasonably been expected to locate an attorney using the white pages if he did not know of a specific attorney to call.” The Court went on to say that what the officers did in this case was tantamount to providing no means to contact an attorney at all.
Obviously, the Appellate Court agrees that the defendant's right to get legal advice when he is being investigated for a DUI is extremely important. If the police don't provide a reasonable opportunity, such as giving you the yellow pages with phone numbers from attorneys who return calls 24-hours a day, such as the Penrod Law Firm, you should clearly point out to the officer that you have been denied this right. Tell your lawyer if you asked for an attorney and were not given reasonable access to counsel if that is the case. This could result in a dismissal of your case.
The Law Office of Craig W. Penrod has been involved in criminal and DUI defense for more than 25 years. Craig is certified by the State Bar of Arizona as a Certified Criminal Law Specialist, is AV® rated, the highest rating by Martindale Hubbell®, is listed in the Bar Register of Preeminent Lawyers®, and has been selected for inclusion in Southwest Super Lawyers™ Editions 2008, 2009, 2010, 2011 and 2012. Contact the lawyers at the Law Offices of Craig W. Penrod for a free initial legal consultation if you find yourself facing DUI or criminal charges.