Tank Johnson Vindicated - Arizona DUI Cops should not jump to conclusions

Yep, the police got it wrong. When Tank Johnson was arrested for DUI in Arizona, the process actually worked, sorta.  He will not be prosecuted for DUI in Gilbert. However, even though the police were wrong and he was not above the legal limit, Tank still got canned.

If somebody of Mr. Johnson's statuture and fame loses his job over a DUI arrest, think of what a false arrest does to the average citizen. In Arizona, the police in many jurisdictions including Gilbert, often times charge the DUI even before the blood test result comes back. That, in my opinion, can be very damaging to an innocent person.

The police and prosecutors argue that they have the authority to dismiss cases, and do so when justice requires (as it did in the Johnson case). However, they also have the authority to wait. In Arizona, the statute of limitations for misdemeanor DUI is 1 year.

So why not wait. Save the court's time. Save innocent peoples' jobs. Save a tree. Save attorney's fees.

Would waiting to file until the State actually has incriminating evidence eliminate a percentage of prosecutor positions? Maybe. Judges? Possibly. Defense attorneys? Maybe. But it would serve the greater good.

After all we are "innocent until proven guilty," as the common Arizona jury instruction says. (I think it should read "innocent UNLESS proven guilty.")