Nearly six months after she was arrested on suspicion of drunk driving, a western Arizona lawmaker is facing a felony charge and could removed from office if she is convicted.
A La Paz County grand jury Sept. 18 returned a two-count indictment against Rep. Trish Groe, R-3. She faces one count of aggravated DUI, a Class 4 felony, and a second count of false reporting, a misdemeanor related to allegedly inaccurate statements that she gave police the night of her arrest.
State statute says any legislator convicted of a felony must “forfeit his office and is forever disqualified from holding any office in this state.”
Groe was arrested March 22 while driving from Phoenix to her Lake Havasu City home. At about 8:45 p.m. that night, a sheriff’s deputy noticed a vehicle weaving on Arizona 95 near Parker. According to online mapping services, Parker is about a two-and-a-half hour drive from Phoenix.
Police reports say she was driving 70 mph in a 55 mph zone, and her blood-alcohol level was borderline extreme. Separate breath tests show the lawmaker had a BAC between 0.158 and 0.148 percent. Lab results confirmed that her blood-alcohol level was 0.148 percent at the time of her arrest, nearly twice the legal limit of 0.08 percent.
According to the report, Groe twice denied she had been drinking before telling the deputy she was a “functional alcoholic.”
Shortly after her arrest, she took a leave of absence from the Legislature and spent about a month in a faith-based rehabilitation facility in the Phoenix area.
Prosecutor: No exceptions
for lawmakers
Prosecutors are seeking the aggravated felony conviction because Groe’s driver’s license was suspended at the time of her arrest, due to an unpaid speeding ticket in California.
Groe told reporters in March she paid the ticket last year and that her license was reinstated.
But Arizona motor vehicle records show she didn’t reapply for a license after paying her ticket, La Paz County special prosecutor Dennis Wilenchik told Today’s News-Herald.
“It is a harsh result. There’s no doubt about it,” Wilenchik told the Lake Havasu City newspaper. “But it did appear that she did know that she was operating with a canceled license.”
As a legislator, “she has more knowledge of these statutes than the average person. Why do I make an exception for her? She’s just like everybody else,” Wilenchik continued.
Her attorney, Bruce Feder, told the Herald the felony indictment was “not unexpected” and a plea agreement has not yet been discussed with prosecutors.
“Most [DUI] cases do get resolved without a trial. On the other hand, she’s a state legislator,” he told the paper. “Every case is unique and has many factors to be considered. We’re just going to have to take it one step at a time.”
Wilenchik was hired by La Paz County in June to handle the case after County Attorney Martin Brannan recused himself, saying he had a conflict of interest because Groe represents La Paz County in the Legislature.
Brannan had initially transferred the case to Yuma County prosecutors, but they sent it back after Brannan criticized a proposed plea deal in which Groe would have served one day in jail on a misdemeanor charge.
The arrest earlier this year was Groe’s second for drunk driving. In 1999, she was convicted of DUI in California, where she lived at the time.
Democratic Party: Groe
should resign
Shortly after the indictment was announced, the Arizona Democratic Party called for Groe to resign.
“Trish Groe has no place in a Legislature that just passed some of the strictest DUI penalties in the country,” said Emily Bittner, spokeswoman for the Arizona Democratic Party. “We wish her the best in putting her life back together and getting the kind of counseling she needs. 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.”
House speaker: Let the system handle it
But her Republican colleagues in the House say that is an overreaction.
“It’s an individual decision by Representative Groe,” Rep. Bob Robson, R-20, said.
And House Speaker Jim Weiers says he is inclined to let the legal system handle the matter.
“This is the first of several steps in the legal process for Representative Groe,” he said. “I want to see the legal proceedings occur as expeditiously as possible to resolve this matter for the state, Mrs. Groe and her constituents.”
Groe did not return a call seeking comment, but she did write about her arrest and subsequent treatment in an Aug. 8 online posting. She wrote: “…I made a horrible mistake in drinking and driving. I put countless others at risk with complete disregard. I have no excuse. I am sorry for that and sorry for betraying the trust of all who counted on me. I am a Christian and a leader and my behavior has not reflected either.
“I do not know if I will be able to retain my position. Certainly there are those who desire for me to step down. I will not. This decision is not borne out of pride but of the knowledge that I have been effective as a conservative republican (sic).”
Arraignment is Oct. 1
If convicted of both charges, she faces at least four months in jail and fines and other surcharges of approximately $2,500.
Groe will be arraigned Oct. 1, with a pre-trial conference to follow about six weeks later. If the case goes to trial, it is unlikely to begin before early next year, when the Legislature convenes.