Phoenix City Court | Intoxilyzer Data Dump

The following links and materials are Internet resources listed here as a pro bono service by the Stirling Law Library. These links take you to Internet web sites of other individuals, groups, organizations, and governmental entities not associated with this web site. The Stirling Law Library is NOT an official City of Phoenix web site. It is NOT part of any official court web site. The information found here is provided as a service to the public. The information, court decisions, and positions of the parties change daily. Nothing posted here is warranted to be accurate. If you have a question about DUIs, please contact attorney Robert Bruce Stirling, II (602) 460-5136. Please read our Disclaimer. Note: the information below is merely our understanding and opinion of the events, pleadings, and motion hearings leading to the State v. Hentges decision. The decision resulted in the dismissal of about 1371DUI cases in Phoenix Municipal Court. The timing of the discoveries mentioned below may be a little off, and other attorneys may have made some of the discoveries attributed to others on this page. Corrections will be made where warranted. The information set forth below is all a matter of public record in Arizona.

The Arizona DUI Data Dump Motions

EXTRA!!!

February 13, 2002 - The Arizona Supreme Court vacated its previous order accepting jurisdiction as "improvidently granted" and dismissed the City of Phoenix's Petition for Special Action. Read the original order here in Adobe Acrobat format. Congratulations to all who contributed for a job well done!

The City of Phoenix Prosecutor' Office refiled DUI charges on hundreds of previously dismissed cases that are now proceeding to trial WITHOUT THE TAINTED BREATH TEST RESULTS. DUI charges were NOT REFILED on those cases the city prosecutors felt required the breath test results to prevail at trial. They remain dismissed.

NOTICE: Arrest warrants may be issued on the refiled DUIs for persons who do not respond to the summons to appear allegedly mailed to the defendant's last known address. If you moved since the original DUI charges were dismissed, you should contact your former attorney to see if charges were refiled against you. You may be arrested when you least expect it. Efforts to locate defendants have been less than diligent.

August 8, 2001 - Division One of the Arizona Court of Appeals today announced its decision declining jurisdiction to hear the special action filed by the Phoenix City Prosecutor's Office. The court's decision leaves intact the original suppression order entered by Phoenix Municipal Court Judge Michael Carroll, who suppressed the breath test readings in approximately 1400 Phoenix DUIs (later reduced to about 1371 cases). Judge Carroll's decision was earlier upheld on appeal by Judge Steven Sheldon of the Maricopa County Superior Court.

The state may petition the Arizona Supreme Court to review the Arizona Court of Appeals decision, however, each loss before a reviewing court reduces the likelihood that Judge Carroll's original order will be reversed.

The state could proceed to trial on the cases without the breath test readings, however, this too is unlikely. The state could simply elect not to refile the DUI charges. Stay tuned for further developments.

See below for earlier reports in the lower courts.

Maricopa County Superior Court Judge Steven Sheldon affirmed the suppression of approximately 1371 DUI breath tests in Phoenix Municipal Court!!! Judge Michael Carroll's decision suppressing breath test results was upheld!!! Download it Here!

The Phoenix City Prosecutor's Office elected to special action (seek review of) Judge Sheldon's decision on about 660 of the 1371 Hentges DUI cases. The remaining cases are being refiled by city prosecutors in Phoenix Municipal Court and will proceed to trials without the suppressed breath test results. All defense counsel and defendants should carefully review their mail to see if DUI charges were refiled.

For more information on the background of the State v. Hentges motion, go here:
http://www.stirlinglaw.com/phoenix/notice3.htm

For additional Archived Information on the Maricopa County and Phoenix Municipal Court cases, click HERE.

Please email us with your updates to mail to: SNAFU@stirlinglaw.com

Revised: February 16, 2002