ARS §28-1592 specifies the time limit for bringing a civil traffic violation. Sort of like the “statute of limitations” for traffic tickets. The normal limit is 60/90 days, but for alleged violations when there is a wreck and investigation the limit is 180 days, and extends to a full year if a fatality is involved.
The rub is that police (cities? jurisdictions?) won’t issue complaints for a traffic violation if there is any sort of ongoing investigation, an incipient neg hom/manslaughter charge for example… and these things do seem like they can drag on forever. They appear to do this in an overabundance of caution — claiming “double jeopardy” issues. As far as I can tell there can be no double jeopardy between civil and criminal.
The end result is that drivers who would clearly be found responsible for a traffic infraction frequently end up getting off scot free; when the criminal case falls through for whatever reason. See e.g. Kandas. Or sometimes it is just an oversight on the part of police. It seems clear that the driver responsible for the Eades fatality could have / should have been cited for §28-701 “failure to control”.
Talk about getting away with murder…
Yet police didn’t confiscate her driver’s license. Had this been a DUI case, Sgt. Joel Tranter told me, they would have taken it and notified the state Motor Vehicle Division so it could administratively suspend Gilbert’s license. But police don’t pursue DUI charges in manslaughter cases, for fear of jeopardizing the more serious charges.
“The (administrative suspension) law does not apply to homicide or aggravated assault cases because those are criminal,” Tranter explained. “They aren’t traffic investigations.”
In other words, if you drive drunk, you lose your license. But if you drive drunk and kill someone, you can keep driving.
Hentoff [the victim’s family’s attorney] calls the police department’s interpretation of the law “absolutely flawed logic.”
Driver in DUI-death case still at the wheel, Laurie Roberts, The Arizona Republic. Aug. 25, 2007
We’ve heard this double jeopardy business before from the police department, Continue reading “Double Jeopardy and Flawed Logic”