Published: Wednesday, October 17, 2007 9:33 AM CDT
Thelma Grimes
San Pedro Valley News-Sun
Getting in line with state efforts to decrease the amount of time it takes to process DUI cases in Arizona, Benson City Magistrate Joe Knoblock said he will be taking part in a new program starting Jan. 1.
The Arizona Judicial Branch, led by Chief Justice Ruth V. McGregor, started a statewide program in 2005 to decrease case processing time for those charged with driving under the influence of alcohol.
The pilot program, which included courts in Phoenix, Holbrook, Pinetop, Mesa, Prescott, Show Low and Pima County, allowed justice and municipal courts to use specific criteria to push cases through faster.
Knoblock said currently the Benson court can be dealing with one DUI case for up to 18 months. There are 113 active cases in the court at this point. In 2005, the Benson court had 95 cases, in 2006 there were 87 misdemeanor cases and already in 2007 the court has 66 cases.
Knoblock said DUI cases are held up for a number reasons, including motions to suppress evidence, requiring pre-trial hearings. In Arizona, DUI cases are jury-trial cases and all the fine points have to be decided before any trial can take place.
Under the state's new program, courts are required to set firm pre-trial and trial dates, require defendants to appear at the pre-trial conference and not allow unnecessary delays.
The courts participating in the pilot program received 14,055 new DUI cases, and disposed of 14,400.
Cari Gerchick, communications director for the Arizona Supreme Court Administrative Office of Courts, said the result in courts taking part in the pilot program has been great with DUI cases pending more than 180 days decreasing by 77 percent. Active cases were reduced by 20 percent. The percentage of cases being resolved at the first trial setting increased from 31 to 63 percent and the clearance rate averaged 116 percent, meaning the pilot courts produced more outgoing cases than incoming.
Processing DUI cases faster is one phase in McGregor's five-year strategic agenda for the Arizona Judicial Branch. The strategic plan is being called 'Good to Great'.
Knoblock said when he first heard about the program he thought it would be a great opportunity for the Benson courts to start operating even more efficiently, and since all courts will likely be required to participate in years to come, he may as well get a head start.
Besides the Arizona court system's cracking down on issues relating to DUI, Gov. Janet Napolitano recently signed a new law that will give those guilty of driving under the influence stiffer punishments.
The biggest addition to laws in place is the requirement to all DUI offenders to have an ignition interlock device installed in their vehicles. An ignition interlock requires a person to blow into a tester that will measure the blood alcohol content. The tester prevents the car from starting if a certain amount of alcohol is measured on the breath.
It is illegal to be driving or operating a motor vehicle with a blood alcohol level of .08 or higher in Arizona and 49 other states.
Those measuring over .08 and charged with a DUI will be required to keep the interlock device in their cars for at least one year after regaining driving privileges.
Benson Police Chief Glenn Nichols said the interlock device is a good idea for repeat offenders, but may be a steep punishment for someone who makes a mistake.
Nichols said the new law is going to take more administrative work and time for officers, as they are required to have the cars of DUI suspects towed and possibly kept for up to 30 days. Nichols said that means more hearings and paperwork for the officer to deal with.
Knoblock said another major change in the new laws those charged with extreme DUI, .20 or higher blood alcohol, will have spend up to 45 days in jail.
Knoblock said besides the new laws, in his court anyone charged with a DUI receives an automatic $1,640 fine.