My question involves criminal law for the state of: Arizona
Situation: Arrested for suspected DUI.
1) Police kept repeating that results of breathalyzer could not be used. Said this numerous times. Gave me copies of the paperwork from that night. 4 forms: (a) Vehicle Impound Report. (b) Traffic Ticket and Complaint. (c) DUI Blood Urine Results/Destruction Notice. (d) Cash Bond Receipt. Nowhere in any of this paperwork is the breathalyzer result written down. In fact on (b) there is a box for PBT Result and it was left blank. He informed me what my result was verbally but I am not familiar with the number system and can't recall it. How can I find out what that result was? Why isn't it written down anywhere?
2) Field sobriety tests were conducted. I feel that I passed them all. And coinciding with this, there is absolutely no documentaiton as to what tests were conducted, and what my results were. Why?
3) There was no "official" breathalyzer taken at the hospital where the blood test was done, nor at the police department. Is this relevant?
4) I am a California resident. This occurred in AZ. I was told AZ does not offer a DUI Diversion Program. As per the law, my license will be suspended in CA. I was told CA will "treat my situation as if I got a DUI in CA". If CA has a diversion program, can I take advantage of it and include it in my plea in AZ ?
5) Despite being told AZ does not have a DUI diversion program, this article clearly states otherwise: http://www.azduiatty.com/arizona-dui...-gets-200K.htm Numerous attorneys have told me no such program exists but they have not seen this article. Does AZ have a DUI Diversion Program?
6) Does CA have a DUI diversion program?
7) Another poster here was discussing contacting the DMV for a hearing. I am not clear on what this step is for. Here is what he wrote: "You also have ten days from the time of the arrest to make an appointment with DMV for a hearing. No appointment generally means an automatic suspension after 30 days." ..... What is this referring to?
8) Numerous web sites discuss how people got downgraded from DUI to wet reckless, and the situation did *not* involve errors or omissions in the process (the typical way for attorneys to get things thrown out). What type of circumstances allow people to talk down a charge like that? There's never any real explanation as to how or why they succeeded.
9) As a side note, the police seemed to be very friendly to me. Clean cut, well put together, well mannered, and not exhibiting any signs of intoxication. Maybe I'm just not the typical type of arrest-ee they see, but they were joking around with me, talking about Southpark jokes, and asking me about their hair loss (I run some Dermatology related web sites). Seemed really kick back, upbeat, and light hearted. I know for a fact I was also exhibiting no signs of intoxication. I found it strange that within 15 minutes of arresting me, they said I was free to go. That 15 minute wait was only because they had to call a cab. There were 4 other people who were also DUI arrests and they said they'd been there for hours and hours. I was told things like this come into play when sentencing occurrs. How I present myself at the police station (including video tapes of me walking and not stumbling, not acting drunk, etc) ... what do you think?