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Criminal Procedure—DUI Arrest & Right to Counsel

State v. Penny, 627 Ariz. Adv. Rep. 4 (App. Div. I, January 31, 2012) (J. )

DEFENDANT NOT GIVEN RIGHT TO COUNSEL WHEN PROVIDED PHONE AND YELLOW PAGES WITH ATTYS' SECTION TORN OUT

Defendant had been drinking and crashed into a house and flees the scene. The police ultimately arrest him at his house. He asks to talk to a lawyer. They put him in a room with a phone and the yellow pages but the attorney section of the yellow pages had been torn out. He complained about this but the police refused to assist him further in contacting a lawyer.

The Arizona Court of Appeals held that this was a clear violation of the defendant's right to counsel and as such the charges against the defendant were properly dismissed with prejudice under the exclusionary rule.

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