Filing a Complaint for an Unlawful DUI Arrest in Arizona
It happens, more than you might think, that police make unlawful DUI arrests. When that occurs it’s crucial to file a complaint with the particular police department.
Case in point. A recent ABC15 news report told of a woman who complained that she was unlawfully arrested for DUI in Phoenix, AZ.
For those who missed the broadcast reported by ABC15’s Melissa Blasius these are the facts of the traffic stop and subsequent DUI arrest of 29-year-old motorist Ariel Berry.
The Police Incident ReportMotorcycle officer Steve Reeves, documenting this information in his incident report, said he saw Berry at eighteen minutes after midnight on July 22 fail to stop for a red light at 7th Avenue and Camelback.
She turned right venturing eight to 10 inches over the lane line for five seconds, then made a wide left turn and corrected to avoid hitting the sidewalk and light pole. Reeves displayed his red lights and over a speaker ordered her to pull over. Berry stopped in the traffic lane and didn’t immediately pull over. She then turned into an adjacent business parking lot.
Reeves cited her for violating a red light, an unsafe lane change and an improper turn.
Berry said she was frightened, exhausted from lack of sleep over three days, and filled with anxiety of men and police and was on the verge of a panic attack. Reeves noted her anxiety nine times in his report.
The Field Sobriety TestReeves asked Berry if she had anything to drink. Four hours before she had a sake, she said. Reeves noticed her eyes were watery and slightly bloodshot. He wrote that he smelled a slight odor of alcohol coming from the vehicle and her person.
The officer had difficulty getting her to complete the field sobriety test and a breathalyzer test showed a blood-alcohol concentration (BAC) of 0.02 percent, well below Arizona’s 0.08 percent illegal limit. Police in some cases may make an arrest if the BAC is 0.05 percent.
The Drug Interrogation & ArrestReeves, a trained drug recognition expert, repeatedly asked Berry if she used drugs and she responded that she has never used drugs and he said “I don’t believe you.”
Reeves, told her that he’s really good at his job and has a 98 percent accuracy rating. “I know what I’m doing,” she said he told her. “You’re wrong,” she responded.
She alleged in her complaint the officer mistook her physical and mental conditions for intoxication.
Berry was charged with Arizona Revised Statute §28-1381(A)(1) driving or in actual physical control of a vehicle while under the influence of alcohol and any drug or vapor containing a toxic substance. This charge is a class 1 misdemeanor, the most serious of the misdemeanor class.
Until that day’s arrest Berry had never been in trouble with the law.
The Blood DrawPolice took a blood sample. Arizona law requires that a blood test to reveal the BAC must be drawn within two hours of the traffic stop. Berry’s test showed there wasn’t any drugs in her system and the BAC was a mere 0.01 percent.
Impacts of a Misdemeanor DUI ConvictionA conviction for a class 1 misdemeanor not only brings the possibility of time in jail, fines, surcharges, probation, community service, social stigma, and can also endanger keeping a job.
In Berry’s case, she feared a conviction would have put her job as a school behavioral specialist in jeopardy. But even an arrest can go on a person’s driving record that can raise auto insurance rates.
Case Dismissed, but…Almost two months after Berry’s arrest a Phoenix Municipal Court judge dismissed the DUI charge. But meanwhile she still had to take time off from work to challenge her arrest, pay the traffic citations and complete traffic school to keep her license.
Frequency of False DUI Charges in Phoenix, AZABC15 contacted The City of Phoenix Prosecutor’s Office to see how often false DUI charges happen.
The station reported that during the last three fiscal years Phoenix prosecutors received 8,482 DUI cases of which 1,150 involved drugs. The city didn’t return charges in 112 of those cases and dismissed another 402 for insufficient evidence. Those statistics show that 6 percent of DUI charges never reach court.
Civil action for damages may also be possible.
How do I File a Complaint against the Police?The first thing to do is take detailed notes about what happened as soon as possible, even small details might take on greater significance later. Be specific about the place where the arrest occurred, the time the event began and ended. Using quotes is fine but be sure they are accurate to avoid having your complaint tainted. Get the names and contact information of any witnesses and the badge number and car number of the arresting officer.
Consult with an experienced DUI defense attorney as soon as possible after the arrest to develop the complaint to achieve the best possible outcome.
Those who want to file a complaint against police can raise the situation with the particular police department and a supervisor summoned to the scene or by calling the non-emergency line and a supervisor will be notified.
In Your DefensePolice are trying to build a case and they may overlook things, such as a tired, anxious and afraid woman mistaken for being on drugs.
A defense attorney will conduct a thorough probe into the police incident report to find errors and misrepresentations. A defense attorney’s goal is to win a dismissal in these unlawful arrests.
Free, Confidential Legal ConsultationIf you or a loved one has been falsely arrested, take advantage of my free, no obligation telephonic case review to gauge the strength and weaknesses of the state’s case.
During our conversation I’ll listen to your side of the situation, ask and answer questions and explain the law and your options.
Contact Phoenix DUI Defense Attorney, Aaron Black or call 480-729-1683 at any time, any day and I’ll respond promptly unless I’m in court.
I defend DUI and unlawful arrest cases in Arizona’s city, state and federal courts.
About the Author
Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.
Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.
After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.
After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.
Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.
You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.