An Arizona judge released a man who was accused of driving under the influence after it was revealed that the officer who arrested the man used artificial intelligence in his arrest report.
Maricopa Superior Court Judge Daniel Fenzel ordered Anthony Edward Rene Quidera to be released during his initial court hearing after the police report about the Oct. 29 arrest ended with the disclaimer, "This report was generated with assistance from Truleo AI. The content reflects the officer's own observations and recollections."
Quidera, 37, was accused by the police of driving his car at 100 miles per hour on Interstate 10 in Phoenix around 12:33 a.m., according to the police report.
The unidentified Arizona Department of Public Safety trooper alleged that they smelled "the odor of an intoxicating beverage emitting from his breath," and they found "several open containers" inside the car, according to the arrest report.
The trooper also alleged they observed "six out of six" cues of intoxication during field sobriety tests, according to the arrest report.
Despite the officer's account, Fenzel said during the hearing that the use of a generative AI affected the case.
"The court is unable to meaningfully weigh whether the factual allegations made in the narrative were authored, whether in whole or in part, by a generative AI," he said during the hearing. "Therefore, the court is unable to determine probable cause at this time."
Fenzel added that his order did not mean the DUI case against Quidera could not go forward in he future. An arraignment date was scheduled for Thursday.
Attorney information for Quidera wasn't available.
A spokesman for the Arizona DPS declined to comment about the case.
Raul Garcia, who represents DPS, said the department uses Truleo to help draft reports.
"Under Department policy, AI tools may be used only as an aid in preparing a report narrative. The trooper remains the author of the report and is responsible for its accuracy and completeness," Garcia said in a statement.
"Before submitting a report, the trooper must review the draft against body-worn camera footage and other available evidence, verify times, names, locations, and actions, and correct any errors. A supervisor must review the report before it becomes part of the official record. Troopers may not use the tool until they complete Department-approved training," he added.
The case comes weeks after the Arizona Court of Appeals ordered Gabriel Paul Horcasitas to be resentenced for his manslaughter conviction after the victim's sister used an AI-generated video that depicted the slain victim speaking to the court during the sentencing hearing.
The Sept. 30 appellate ruling found that the "the judge's consideration of the AI video so prejudiced Horcasitas as to render the sentencing procedure fundamentally unfair."