Here’s another story about a judge getting a little frisky when it comes to a DUI case. The Berkeley County Attorney’s Office said that a court judge went over the line when hearing a DUI case. Apparently, she failed to follow procedure when she dismissed a DUI case and then promptly refiled the charges to get the case settled. While it seems that the defendant’s DUI attorney did not object, it still is a head-scratcher.
What’s strange about this case is that the Magistrate, JoAnn Overington, was the one who dismissed the charges for DUI and then refiled them herself. Usually, the prosecutor is the one that does this function. As a DUI attorney, I have not seen this type of action in Arizona. Usually, judges take a back seat to a criminal case and let the State do the filing.
I will be following this case closely because it seems that this is just another case of a judge going completely overboard. The other day I blogged about a DUI judge who found a defendant guilty after the jury found the defendant not guilty. Meanwhile, judges are more involved than ever in the process because we have lost our ability to try first-time DUI cases to a jury.
As a DUI attorney in Phoenix, I will do everything I can to document abuses in the system. Hopefully, people will realize what’s at stake.
DUI attorney Nick Alcock practices law in Phoenix Arizona. He handles cases through the state. He is available directly at 602-568-200O. More information can be found at https://www.alcocklaw.com
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