mbrown2
09-19-2007, 08:18 AM
Kind of glad that they followed through...with the state imposing tougher laws, lawmakers should not be exempted..
http://www.azcentral.com/news/articles/0919groe-indictment0919.html
A La Paz County grand jury Tuesday returned a two-count indictment against state Rep. Trish Groe, including a felony charge of drunken driving. A conviction would force her to resign her seat.
Groe, R-Lake Havasu City, faces one count of aggravated DUI, a Class 4 felony, and a second count of false reporting, a misdemeanor related to inaccurate statements that police say she gave the night of her arrest.
The Arizona Democratic Party responded by calling for Groe's resignation, noting that lawmakers this past session approved one of the nation's toughest anti-DUI laws. The law, which takes effect today, includes mandatory ignition-interlock devices for first-time offenders.
"We wish her the best in putting her life back together and getting the kind of counseling she needs," said Democratic spokeswoman Emily Bittner. "But her need for rehabilitation shouldn't come at the expense of representing her constituents.
"At this point, Groe should do the right thing and step down."
Her attorney, Bruce Feder, said that's not likely.
Groe did not return a phone call seeking comment. She is scheduled for arraignment Oct. 1
Groe's indictment stems from her March 22 arrest in La Paz County. She was driving 70 mph in a 55 mph zone, and her blood-alcohol level was borderline extreme: between 0.158 and 0.148 percent, authorities say. Her license at the time had been revoked, and she had a prior DUI conviction from 1999.
Prosecutors are seeking the aggravated felony conviction because at the time of her arrest, Groe's license had been canceled because of an unpaid speeding ticket. If convicted, she could be sentenced to at least four months in prison and fined roughly $2,500. Even if the case is pleaded down to a misdemeanor, she likely faces 30 to 60 days in jail.
Feder said he was surprised at the felony indictment.
"I thought they'd look at what was out there and decide felony DUI wasn't appropriate," he said.
Special prosecutor Dennis Wilenchik countered that the law is straightforward. The felony charge substantially raises the risk for Groe. As recently as early May, she was facing as little as one day in jail under a preliminary plea agreement. That deal evaporated in the face of criticism from La Paz County Attorney Martin Brannan, who called the deal too lenient.
It was Brannan who initially sought to have the case transferred from the county of Groe's arrest to Yuma County, arguing that it would constitute a conflict of interest for him.
Following Brannan's remarks, however, Yuma County prosecutors abandoned the case, tossing it back at him.
Complicating matters further, The Arizona Republic then obtained an e-mail Brannan had written to Groe four days after her arrest that spoke of his political support for her, and indicated that the two needed to talk regarding pending legislation in which he had an interest.
Brannan explained it as an innocent, if clumsy, attempt to reach out to his local lawmaker on unrelated legislation.
Brannan found an independent prosecutor to take the case: Phoenix attorney Wilenchik.
http://www.azcentral.com/news/articles/0919groe-indictment0919.html
A La Paz County grand jury Tuesday returned a two-count indictment against state Rep. Trish Groe, including a felony charge of drunken driving. A conviction would force her to resign her seat.
Groe, R-Lake Havasu City, faces one count of aggravated DUI, a Class 4 felony, and a second count of false reporting, a misdemeanor related to inaccurate statements that police say she gave the night of her arrest.
The Arizona Democratic Party responded by calling for Groe's resignation, noting that lawmakers this past session approved one of the nation's toughest anti-DUI laws. The law, which takes effect today, includes mandatory ignition-interlock devices for first-time offenders.
"We wish her the best in putting her life back together and getting the kind of counseling she needs," said Democratic spokeswoman Emily Bittner. "But her need for rehabilitation shouldn't come at the expense of representing her constituents.
"At this point, Groe should do the right thing and step down."
Her attorney, Bruce Feder, said that's not likely.
Groe did not return a phone call seeking comment. She is scheduled for arraignment Oct. 1
Groe's indictment stems from her March 22 arrest in La Paz County. She was driving 70 mph in a 55 mph zone, and her blood-alcohol level was borderline extreme: between 0.158 and 0.148 percent, authorities say. Her license at the time had been revoked, and she had a prior DUI conviction from 1999.
Prosecutors are seeking the aggravated felony conviction because at the time of her arrest, Groe's license had been canceled because of an unpaid speeding ticket. If convicted, she could be sentenced to at least four months in prison and fined roughly $2,500. Even if the case is pleaded down to a misdemeanor, she likely faces 30 to 60 days in jail.
Feder said he was surprised at the felony indictment.
"I thought they'd look at what was out there and decide felony DUI wasn't appropriate," he said.
Special prosecutor Dennis Wilenchik countered that the law is straightforward. The felony charge substantially raises the risk for Groe. As recently as early May, she was facing as little as one day in jail under a preliminary plea agreement. That deal evaporated in the face of criticism from La Paz County Attorney Martin Brannan, who called the deal too lenient.
It was Brannan who initially sought to have the case transferred from the county of Groe's arrest to Yuma County, arguing that it would constitute a conflict of interest for him.
Following Brannan's remarks, however, Yuma County prosecutors abandoned the case, tossing it back at him.
Complicating matters further, The Arizona Republic then obtained an e-mail Brannan had written to Groe four days after her arrest that spoke of his political support for her, and indicated that the two needed to talk regarding pending legislation in which he had an interest.
Brannan explained it as an innocent, if clumsy, attempt to reach out to his local lawmaker on unrelated legislation.
Brannan found an independent prosecutor to take the case: Phoenix attorney Wilenchik.