http://www.duiblog.com/2004/10/30/xeroxed-dui-symptoms/
In several cases of DUI arrests it has been found that the
police officer in charge had similar reports for all the arrest cases. Any
Phoenix DUI attorney will tell you that many law enforcers are not so honest
when they are making DUI reports. This is particularly evident in reports that
show report similar symptoms in all DUI cases.
For example, portions of the reports seem common when
discussing how the driver fumbled for his wallet, had bloodshot eyes and
claimed he had consumed two beers before driving.
With the use of computer technology, it is all too easy
for police officer to simply "cut and paste" boilerplate portions of their
report from one case to the next. Not surprisingly,
the claims included in the "Xeroxed" reports seldom involves observations that
could independently be confirmed or debunked - such as the odor of alcohol on
the drivers breath.
In fact, I have personally seen DUI police reports wherein
the officer was so lazy, he neglected to remove the name of a previous arrestee
when transferring portions of that report into my client's report. Many drivers charged with DUI in Scottsdale or Phoenix have the misconception that there is nothing that can be done to avoid a DUI conviction
if their blood or breath test is over a .08%.
It is important to keep in mind that regardless of how high one's BAC
might be, there are always potential defenses that can be asserted which arise
from the reasonableness of the officer's conduct when initiating the traffic
stop and placing you under arrest.
Because these types of issues all to often hinge on the credibility of
the officers in-court testimony, it is important to explore any aspects of the
case which demonstrate that the reports were not completed accurately or
completely. Identifying "Xeroxed"
symptoms can be a very helpful step in that process.