Arizona GOHS Traffic Safety Resource Prosecutor
Beth Barnes
The Traffic Safety Resource Prosecutor (TSRP), Beth Barnes, serves as a resource for law enforcement, prosecutors, judges, and the community to more effectively prosecute DUI and other traffic safety cases. These services are made possible by a grant from the Arizona Governor's Office of Highway Safety and the Arizona Oversight Council on Driving Under the Influence Abatement.
ANNOUNCEMENT: Arizona's GOHS Traffic Safety Resource Prosecutor Grant is Renewed
Click here to view Press Release
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. The TSRP gives presentations for school and community groups on Arizona's DUI laws, the legal ramifications of a DUI, and alcohol and drug awareness. Click here for a list of available training.
The TSRP can assist with enrolling prosecutors in SFST, DRE, and ARIDE Schools that are provided throughout the state.
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 motions and issues associated with a traffic or DUI case. Motions on traffic related issues such as grounds for the stop of the vehicle 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, legislative effective dates, appellate procedure, DRE trials, trial strategy, corpus delicti, mandatory sentencing in DUI cases, Guthrie motions in limine, 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.
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 about State and National DUI defense experts is maintained to assist prosecutors to 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.
For more information, contact Beth Barnes at beth.barnes@phoenix.gov.
Additional Resources:
Also funded by: Oversight Council on Driving or Operating Under the Influence Abatement
