If you have been arrested for any type of DUI violation in
Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of
Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities
involved in litigating DUI cases, DUI penalties in the State of Arizona
are some of the harshest in the country. A DUI case requires an attorney
with knowledge of the forensic science involved in both breath and blood
testing. Each method has its own potential error sources and each method
has its own unique vulnerabilities. In this article we will discuss breath
based DUI's – blood based DUI's will be covered in the near future.
The purpose of an itemized discovery request should be to obtain the necessary
documents to establish that the individuals operating the various machines
were qualified to operate them, and to verify that the machine in question
was performing, at a minimum, consistent with established legal standards.
(Note: This does not necessarily mean the machine was working properly.)
Finally, obtaining exhaustive discovery allows your attorney an opportunity
to discover when various machines were not functioning properly, or when
established procedures and protocols were not followed. The specific items
of information needed will be different for each case, but at a minimum,
your request should seek to discover the following items in a breath case:
- A copy of the investigating police officer's Operator Permit Card showing
that the officer was qualified to administer the breath test utilizing
the make and model of the machine used in this case as required by AAC
- A copy of the Quality Assurance Specialist (QAS) permit card issued to
the QAS officer assigned to the breath machine used in the instant case
as required by AAC R-13-10-105(C)(2);
- A copy of the print card showing the breath test results along with a copy
of the Operational Checklist as required by AAC R-13-10-105(B);
- A copy of the 31 day calibration test results performed by the QAS as required
by AAC R-13-10-104(A)(2).
- The records should cover at least three 31-day checks preceding the breath
test under scrutiny, and at least three 31-day checks following the test
- A copy of the 90-day quality assurance check as required by AAC R-13-10-104(A)(3).
The records should cover the 90-day check that preceded the test under
scrutiny, and the 90-day quality assurance check performed by the QAS
following the test in question;
- A copy of the maintenance and repair records maintained by the QAS pursuant
to AAC R-13-10-104(A)(5) documenting any repairs made to the machine and/or
any malfunctions of the machine covering a period of at least 1 year prior
to the test and 1 year subsequent to the test in this case.
These documents represent only a starting point for a proper investigation.
Each case is unique and may require additional documentation not listed
here. In many cases, you may be able to obtain digital data from the machine
either stored locally, or downloaded to a central database, that will
provide additional insights into the overall performance of the machine.
In some cases, this additional digital data may undermine the veracity
of the documents originally provided in discovery – leading to new
challenges to prevent admission of the evidence or possibly even dismissal
of your case.
Mr. Buckallew is a
Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization.
This means that he has shown significant experience in criminal law, has
demonstrated a high degree of professionalism, competence and integrity,
and has met all other requirements and qualifications set forth by the
AZ Board of Legal Specialization. Mr. Buckallew has handled countless
DUI cases in Chandler, including misdemeanor DUI charges in the Chandler
Municipal Court, Kyrene Justice Court, San Marcos Justice Court, San Tan
Justice Court and University Lakes Justice Court, as well as felony DUI
cases in the Maricopa County Superior Court. He has a proven track record
of successfully resolving many of the DUI cases he has handled over the
course of his career – ranging from acquittals after trial, dismissals
and reduction in charges.* Each case is unique and the Firm provides a
free consultation to discuss your legal options. If you have been charged with a
1st Time DUI,
Underage DUI or any other DUI in Chandler, AZ,
contact the Firm to schedule a no obligation meeting with a Board Certified Criminal Defense Attorney.
Copyright © 2011 Trent R. Buckallew, Attorney at Law Excerpt from
Arizona DUI/Criminal Traffic Defense Strategies written by Attorney Trent R. Buckallew The Law Offices of Trent R. Buckallew,
PC Arizona Criminal Law Specialist
*All cases are factually different and prior success on individual cases
is not a guarantee of future outcomes. The firm cannot, and does not make
any guarantees as to the outcome of your case.
**This blog should be used for informational purposes only. It does not
create an attorney-client relationship with any reader and should not
be construed as legal advice. If you need legal advice, please contact
the Firm to schedule a consultation regarding your case.