Phoenix DUI Cases - Part I - Phoenix Municipal Court

Daniel Jaffe

In Arizona, the city of Phoenix processes more DUI cases than any other city. Of the thousands of metro Phoenix DUI arrests made each year, Phoenix Municipal Court processes the most. The typical DUI arrest by a Phoenix Police officer for a misdemeanor DUI will end up being cited to Phoenix Municipal Court.



Located at 300 West Washington Street in downtown Phoenix, the court is a marvel in many ways that are positive from a practicing DUI defense attorney's perspective, and is my favorite place to try cases for several reasons.



Let's start with the physical conditions. Having practiced in countless courts throughout Arizona and Washington State, I can honestly say that there are few, if any, places where the physical conditions are as comfortable. A relatively new building, Phoenix City Court has clean and graffiti free courtrooms. The staff seems to do a good job erasing and painting over "restroom art" as it crops up as well. On only a few occasions have I noticed carvings on the toilet seats and countertops in the restrooms (I can't speak intelligently about the ladies' rooms). The ground level of Phoenix Municipal Court is well organized with an information desk where parking can be validated (for a discount, it's not free). There is also an Arizona MVD location in the lobby of the court, making business that much easier. There are water vending machines so you don't have to drink the tap water. There is a substance abuse screening agency off the lobby for the convenience of those convicted of DUI.



In the basement there is a Phoenix Police Department location. Phoenix judges require that all persons charged with DUI get fingerprinted, and this can be done in the basement.



Within the building is the public defender's office and the prosecutor's office, which occupies the eighth floor. Because of the proximity of the Phoenix Prosecutor's Office, it is relatively easy to get answers from supervises regarding requests for plea bargains.



The two complaints about the physical conditions at the court that I hear most frequently are the security and the elevators. During peak times, allow for up to 15 minutes to clear security, which is very much like an airport. They will x-ray all of your belongings. Unless you are on a jury, you will not be allowed to bring any food into the court, and no beverages other than water. If you are on a jury, wear your badge and you can bring whatever you choose. Of course, no weapons, which includes pretty much anything that might be useful in giving yourself a manicure while waiting for your case to be called. The elevators tend to run slowly, and if one goes down chaos may ensue.



Now to the operations. For a court that processes as many cases as Phoenix Municipal Court does, it is a marvel of efficiency. Most days things flow very smoothly. The staff and the judges are usually very friendly and accommodating of scheduling issues, and courteous while there. Prisoners in custody are filed in and out in an orderly manner.



As a private attorney, I can't express quite adequately in words how much I appreciate the trust that the courts put in private practitioners to manage their cases and make progress. Most judges will grant continuances to continue investigations as long as that leeway is not abused. Some Phoenix DUI cases take three or more continuances before being set for trial or otherwise concluding.



When cases do get set for trial, the trial docketing system is excellent. Attorneys know the night before whether they will be required to appear in court the next morning, or whether their case is "on standby." Standby means that you wait for a call from the court when a courtroom becomes available to try your case. This is a stark contrast to some other courts which literally make DUI defense attorneys and their clients wait in the presiding courtroom, sometimes for days, for their case to be called. This is a great inconvenience to attorneys, and a great expense to clients.



If you are charged with a DUI in Phoenix, you could do much worse as far as choice of venue. In subsequent articles, I will explore the logistics of defending a Phoenix DUI from a defendant's perspective.

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Daniel Jaffe

Mr. Jaffe is an experienced litigation attorney in Arizona and is a veteran of close to 100 trials and evidentiary hearings.

Daniel Jaffe knows what it takes to win a DUI case. He knows the real stress, uncertainty, fear and pain that come with a DUI charge. He knows that the political climate disfavors those accused of DUI. He knows that every case involves a fight, and he fights hard for each client, every day.