In several cases of
arrests it has been found that the police officer in charge had similar
reports for all the arrest cases. Any Phoenix DUI attorney will tell you
that many law enforcers are not so honest when they are making DUI reports.
This is particularly evident in reports that show report similar symptoms
in all DUI cases.
For example, portions of the reports seem common when discussing how the
driver fumbled for his wallet, had bloodshot eyes and claimed he had consumed
two beers before driving.
With the use of computer technology, it is all too easy for police officer
to simply "cut and paste" boilerplate portions of their report
from one case to the next. Not surprisingly, the claims included in the
"Xeroxed" reports seldom involves observations that could independently
be confirmed or debunked - such as the odor of alcohol on the drivers breath.
In fact, I have personally seen DUI police reports wherein the officer
was so lazy, he neglected to remove the name of a previous arrestee when
transferring portions of that report into my client's report. Many
drivers charged with
DUI in Scottsdale or Phoenix have the misconception that there is nothing that can be done
to avoid a DUI conviction if their blood or breath test is over a .08%.
It is important to keep in mind that regardless of how high one's
BAC might be, there are always potential defenses that can be asserted
which arise from the reasonableness of the officer's conduct when
initiating the traffic stop and placing you under arrest. Because these
types of issues all to often hinge on the credibility of the officers
in-court testimony, it is important to explore any aspects of the case
which demonstrate that the reports were not completed accurately or completely.
Identifying "Xeroxed" symptoms can be a very helpful step in