DUIJudge Removal Sought in DUI Cases
Orange County, FL-Veteran Orange County Judge C. Jeffrey Arnold has been accused of routinely sharing strategies with DUI defense attorneys for securing the dismissal of cases.
According to the Orlando Sentinel, audio from courtroom recordings reveals Arnold disclosing to attorneys how he will most likely rule on their DUI cases. He suggested that he will dismiss the cases because he will make the prosecution explain the technology behind a Breathlyzer-like device called the Intoxilyzer.
But the prosecution cannot produce such information. Because the Intoxilyzer's producer, CMI Inc., will not divulge data regarding the device's technology, much debate surrounds the use of the Intoxilyzer. Law enforcement officials in every county of the state utilize the Intoxilyzer.
In the courtroom recordings, Arnold stated that taking advantage of this loophole will ultimately help the cases be dismissed, due to the invalidity of the Intoxilyzer evidence. He implied that throwing out the Intoxilyzer information will speed up the cases and therefore help him with his heavy caseload.
The State Attorney's Office is seeking Arnold's removal from six cases regarding DUIs as well as future DUI cases. The State Attorney's office believes that Arnold shows a biased stance in DUI trials.
In defense of his position as judge, which is being challenged by the Orange-Osceola State Attorney's Office, Arnold claimed that he is supplying defense attorneys with information that is useful to them-and legal for him to share.
Defense attorneys reported that Arnold also told them to spread the information among their colleagues. Arnold rebutted that when he shared information with defense attorneys, prosecutors were always present.
Arnold suggested that prosecutors should also create their argument with other evidence, including the defendant's appearance, speech, behavior, and testimony from witnesses.
While Arnold has decided to avoid serving on the six cases that the State Attorney's Office is concerned about, he has no plans to permanently avoid DUI cases in the future.
Defense attorneys contend that Arnold was simply trying to speed up the litigation process.
January 18, 2006
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