Can i get my DUI case which was ruled on a year ago thrown out ?

Asked over 1 year ago - Phoenix, AZ

state of Arizona supreme court had ruled that the police at that time had to have a warrant to draw blood unless it was drawn with the permission of the defendant . My court appointed attorney was supposed to present this to the judge and get my blood work thrown out because they did not have my consent . After having four attorneys replaced by the state for one reason or another the attorney I finally end up with tells me he had presented it to the judge and he had thrown it out . So he then tells me I have no choice but to take their plea bargain which I did . After it was all said and done I have another attorney pull court / case file to find that the court appointed attorney had lied and never sent that to the judge . Can I not do anything about this ? The entire case was blood work .

Attorney answers (5)

  1. David Kephart

    Contributor Level 14

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    Answered . I'd be interested in knowing your blood alcohol level and what you actually pled to. If you pled to the A(1) impairment charge, then the BAC level isn't really an issue because impairment can be shown by officer's observations, performance on field sobriety tests, and other evidence. If you pled guilty to an extreme or super extreme, then BAC is definitely an issue.

    Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient... more
  2. Brian Chase

    Contributor Level 12

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    Answered . Assuming you are still within the time limits, you should look at filing a Rule 32 petition for post conviction relief. The court may appoint an attorney to represent you for the Rule 32, if you are within the time limits.

  3. Steven W Zachary

    Contributor Level 17

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    Answered . You are already talking with an attorney, I think you should present the question that attorney.

  4. Robert Laurens Driessen

    Contributor Level 20

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    Answered . Possibly, you need to talk to a local criminal attorney in your area to see what recourse if any you would have. There are usually set deadlines to file so act quickly.

    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  5. Holly R Gieszl

    Contributor Level 10

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    Lawyer agrees

    Answered . It sounds like you have two issues. The first relates to your criminal case. It sounds like you have an attorney working on that. Good luck.

    The second issue relates to what your last court-appointed attorney told you he did, but you believe he did not do. On this issue, you could the State Bar of Arizona and file a complaint against your court appointed attorney(s), but that will not do anything to change the outcome of your criminal case. Your disappointment and concerns will be hard and the Bar may or may not take action against your prior attorney(s), but this won't help in your current criminal case.

    Again, good luck.

    NOTE: This information is offered for general purposes only and does not constitute legal advice about a specific... more

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