There are certain types of cases that are only prosecuted by the Scottsdale City Prosecutor’s Office. Scottsdale has been one of our main courts since 2010. I have personally seen countless prosecutor come and go. With new prosecutors, comes new policies. The trend in Scottsdale, however, is to hire aggressive and unreasonable prosecutors – the same characteristics also possessed by most Scottsdale Police Officers. A few times a year, we represent a client who was criminally charged for a causing a collision that resulted in death or serious bodily injury, as defined in A.R.S. 28-672 . I can see someone being charged with a criminal offense if they were driving recklessly or impaired by drugs or alcohol, but charging someone for a criminal offense that resulted in a traffic collision, is unreasonable.
For instance, we have had clients that were involved in a collision in an intersection. Client didn’t unreasonably speed through the intersection. Aside from there being injuries, or unfortunately a death, the collision itself was the type that you would see on any given day. While there is a law on point, not many law enforcement agencies actually cite or arrest someone for violating 28-672. Most police departments and prosecutors believe the best remedy for these situations is to file a claim with the car insurance company. My point is, save criminal charges for people who have broken a criminal law and let the civil courts and insurance companies handle car accidents.
Our attorneys have been very successful with representing clients for causing accidents that involve death or serious injury. The best approach for these cases to just set them for trial. Please be advised, however, setting a case for trial without the guidance of a skilled attorney is a huge mistake. Very rarely will a person be successful representing themselves. You have to keep in mind, although you may be articulate and passionate about your case, the judge will hold you to the same rules of Evidence and Criminal Procedure that attorneys are held to. Without knowing the Arizona Rules of Evidence, a prosecutor can essentially shut you down at trial.