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Newspaper Articles

The Arizona Republic
October 1, 1999

JP URGES RESOLUTION OF DUI ISSUES
PETITION SEEKS RULING BY STATE HIGH COURT
Brent Whiting, The Arizona Republic

The following quotes are from the above-referenced article. For an exact reprint of this article, click here to send an email request for your copy, or click here to see the full article in PDF format.

A Phoenix justice of the peace has jumped into the fray involving allegations of evidence tampering by the Arizona Department of Public Safety in drunken-driving cases.

Nearly 300 DUI cases are pending in Maricopa County justice courts that raise the same issues that were decided by Burkholder, McMurry wrote in a petition. Help is needed so that JPs know how to resolve these cases, he said.

In a 41-page ruling, Burkholder held that the DPS crime lab has engaged in "bad faith" dealings in its handling of evidence relating to breath-test results registered by the Intoxilyzer 5000, a machine used by police statewide in DUI cases.

Lawyers Rob Robinson of Glendale and Craig Penrod of Tempe have filed a separate petition with the Supreme Court urging that a ruling be issued to break a logjam involving thousands of pending cases throughout the state.

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