In a recent DUI case coming out of an Arizona court, the defendant’s appeal of his guilty conviction was unsuccessful. The defendant had originally pointed out on appeal that the police officer who arrested him did not have his body camera turned on, and he argued that the trial court should have instructed the jury as to the officer’s error. The higher court concluded that the jury instruction was ultimately unnecessary and that the defendant’s conviction should be affirmed.
Facts of the Case
According to the opinion, the defendant was driving his Dodge Charger when he rear-ended another car, which pushed it into a nearby wall. A witness who had witnessed the accident followed the defendant, watching him as he drove into a nearby parking lot. The witness inquired as to whether the defendant was going to check on the driver of the second car. The defendant said yes and promptly headed back to the scene of the accident.
By the time the defendant returned to the collision site, a police officer was at the scene. This officer observed that the defendant had watery and bloodshot eyes, as well as that he smelled of alcohol. Approximately one hour after the accident, the defendant submitted to a blood draw, which revealed a blood alcohol concentration of .164 percent. Around that time, the defendant admitted to the officer that he had rear-ended the second car and that he was alone in his Dodge Charger.