During a lengthy evidentiary hearing that spanned several weeks, a Maricopa County Superior Court judge ruled that evidence of blood alcohol concentration testing could not be used by the prosecution in nearly a dozen
felony DUI cases that were investigated by the Scottsdale Police Department. Last week, the Court of Appeals overturned this decision and ruled that the
blood test results could indeed be used at trial. In reaching its decision, the court noted that none of the actual tests of the defendants involved in those cases were showed to be in accurate or unreliable. While the court acknowledged that the blood testing instrument used in those cases had a history of experiencing various malfunctions and that questions existed regarding the candor of the Scottsdale crime lab with regard to those issues, it did not believe that the wholesale exclusion of blood testing evidence in those cases was appropriate.
Rather, the court noted that the evidence should be admitted and subjected to the cross examination of defense attorneys. Often times, however, trial judges severely limit the ability of defense attorneys to bring up the unflattering history of the Scottsdale DUI instrumentation at trial. Hopefully, this most recent decision will pave the way for defense attorneys to bring these issues to be attention of the jury during DUI trials in Scottsdale. It is expected that the attorneys representing the DUI defendants in those cases will ask the Arizona Supreme Court to review this decision.