Due Process Isn’t Automatic; It Must Be Enforced

Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room

What is “Due Process?  It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due processes of law, we often see injustices in criminal processing. For this reason, it is wise to become familiar with your rights; invoke them, and retain a good legal advocate to make sure they are enforced.

The right of “Due Process” is found under the Fifth and Fourteenth Amendment of the US Constitution is the right of a defendant to obtain exculpatory evidence. This is material evidence that is in favor of the defendant; that could lead to a suppression of evidence or a dismissal of criminal charges. These disclosure obligations of “Due process of law” is afforded in the Arizona Constitution, Article 6 Judicial; Section 4.

Over the last decade this right has been consistently upheld, for example in Brady v. Maryland; and Strickler v. Greene. If police or prosecution refuses to comply with a criminal defense attorney’s request for information that may be favorable to the defendant, such refusal will result suppression of evidence, dismissal of charges or a mistrial. This is also known at a violation of the “Brady Rule” or “Brady Disclosure”. These rules are recognized not only in Arizona, but in all states to prevent and avoid wrongful conviction of a defendant.

The DUI Stop – Invoking Rights to Exculpatory Evidence

In a DUI investigation, Due Process begins at the DUI stop.  You have the right to obtain exculpatory (in favor of your defense) evidence, including chemical evidence in Drug DUI charges, or drunk driving charges.  If the police request a blood or urine samples, a suspect has the right, and should request a second sample for their defense to have retested. Although it is an ongoing duty, for the police to collect a sample for defense, they do not generally offer it to the defendant unless it is requested by their defense attorney. So in a sense, a person’s DUI defense begins during the investigative process.