Unprocedural error? Can my case be dismissed?

Asked almost 2 years ago - Phoenix, AZ

I got a dui in AZ 1/19/13 after the search warrant for blood test was provided game and fish officer did not send the paperwork for the warrant back until 2/3/13 "because he forgot" they described it as an unprocedural error in the statement I recited at my first pretriel. Can my case be thrown out because of this error?

Attorney answers (2)

  1. Kristopher Ryan Califano


    Contributor Level 6


    Lawyers agree

    Answered . You need to have a lawyer experienced in DUI cases review the warrant, the blood draw, and the police report.

    The time the warrant was sent by the officer to the judge, the time that the warrant was signed by the judge, the time that the warrant was received by the officer, and the time of the blood draw are all important facts that are likely to determine whether the blood results can be suppressed. If the blood results are suppressed, you may be able to have the case dismissed (thrown out).

    In summary, to accurately answer your question, a lawyer must review the warrant, the police report, and the documentation surrounding the blood draw. If you want me to do so, please call me at 602-402-8708 and set an appointment.

  2. Steven W Zachary

    Contributor Level 17


    Lawyers agree

    Answered . I presume you have an attorney. If do he/she is the best person to answer the question. If you don't have an attorney it is wise to get one

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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