Earlier this month, a state appellate court issued an opinion in an Arizona DUI case involving the defendant’s claim that the prosecution failed to preserve evidence that would have shown police violated his rights. However, ultimately, the court concluded that the video, at best, could provide “potentially useful” evidence, but could not show that he was not guilty of the charged offense. Thus, the court rejected the defendant’s claim and affirmed his conviction.
The Facts of the Case
According to the court’s opinion, a police officer heard tires squealing and observed a car take off at a high rate of speed. The officer pulled over the car, which the defendant was driving. The officer noticed that the defendant smelled like alcohol, and arrested him, and took him to a booking facility.
Police asked the defendant to perform two sobriety tests, which he did. They then informed the defendant of his Miranda rights, at which point the defendant invoked his right to consult with an attorney. The officers explained the consequences of refusing a breath or blood test, and the defendant again insisted on having counsel present. Police officers then obtained a warrant to take the defendant’s blood, which revealed he had a blood-alcohol concentrate of .121, well over the legal limit.