The Traffic Safety Resource Prosecutor (TSRP) serves as a resource for law enforcement, prosecutors, and judges on DUI and other traffic safety issues. These services are made possible by a grant from the Arizona Governor’s Office of Highway Safety and the National Association of Prosecutor Coordinators.
DUI and Traffic Training
The TSRP develops and provides free training for prosecutors, law enforcement officers, and other traffic safety professionals with an emphasis on the effective prosecution of impaired driving cases. She also gives presentations for school and community groups on Arizona’s DUI laws, the legal ramifications of a DUI, and alcohol and drug awareness. Finally, the TSRP can assist with enrolling prosecutors in SFST, DRE, and ARIDE Schools that are provided throughout the state. Click here for a list of available training.
Three-day DRE School for Prosecutors
The “Prosecuting the Drug and Alcohol Impaired Driver” course is offered approximately twice per year. This is a three-day DRE School for Prosecutors. The first half of the class is taught by experienced DRE officers and crime lab personnel. It addresses HGN, the DRE investigation, the seven drug categories, the forensic science aspects of a DRE case, and related issues. The second portion of the course is taught by experienced prosecutors and covers a legal review for DRE cases (also applies to general DUI cases), common defenses, how to admit toxicology results, how to qualify a DRE officer as an expert witness, and trial advocacy. The course is free to Arizona prosecutors.
Liaison Between Prosecutors and the Law Enforcement Community
The TSRP meets regularly with law enforcement agencies to answer questions, receive suggestions, foster improved law enforcement/prosecutor cooperation, strengthen effective law enforcement and prosecution strategies, and apprise prosecuting attorneys and officers on the evolving areas of traffic safety law.
Assistance with Motions and Legal Issues
Assistance will be provided to prosecutors for any motion or issue associated with a traffic or DUI case. Motions on traffic related issues such as grounds for the stop are also appropriate. Generally the prosecutor e-mails the TSRP who responds, often providing model pleadings. Assistance has been provided on such topics as: jury instructions for APC cases, statute of limitations, right to counsel, source code, officer phlebotomy, commenting on the refusal of FSTs and breath tests, breath and blood test admissibility, the right to independent chemical tests, the effective date of the new DUI legislation, appellate procedure, DRE trials, the parole evidence rule, general trial strategy, corpus delicti, mandatory sentencing in DUI cases, Guthrie motions in limine, reasonable grounds to stop a vehicle, and DUI checkpoints.
Assistance with Case Preparation and Strategy
Assistance with trial preparation and case strategy can be provided to the prosecution. This includes: case review and consultation, providing predicate questions or “scripts” to use when questioning witnesses, and assistance with motions and jury instructions. Help with the various rules and forms associated with appeals, special actions, and petitions for review is also available.
TSRP E-mail List
The TSRP maintains an e-mail list of Arizona prosecutors, officers, and forensic scientists who wish to be kept abreast of DUI and traffic issues. When issues of interest arise, a notice is sent to the group.
Bank of Materials on DUI Defense Experts
A bank of materials and transcripts on by State and National DUI defense experts is maintained to assist prosecutors prepare for cross-examination.
Assist with Amicus Briefs
If a prosecutorial agency would like Amicus briefs for an appeal or special action, the TSRP will assist by contacting other agencies with the request.
NOTE: The City of Phoenix Prosecutor's Office has posted the most recent editions of our training manuals. It is important to remember that statutory changes may have occurred since the manuals were written or more recent case law may exist. The manuals should not be a substitute for your own legal research and analysis. Manual updates will be published on this web site when they are complete.
