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Unlawful DUI Traffic Stops in Arizona

Armando Nava

If you want to avoid a DUI conviction, your defense attorney will review the evidence filed against you. Your attorney will ask you questions about what happened during the traffic stop, including the reasons the officer gave for pulling you over, what was said, and what actions were taken. Even if you tested over the legal limit for alcohol, you can get your charges thrown out based on legal issues.

Your Responsibilities During A Traffic Stop

If you feel anxious during a traffic stop, you’re not alone. In the aftermath of deaths, like that of Sandra Bland and Philando Castile, many of us are on edge. As a result, State Rep. Reginald Bolding introduced legislation to educate drivers of their responsibilities during a traffic stop. Specifically, armed drivers are instructed to place their hands on the wheel, inform the officer if they possess a firearm, and not move until instructed to reach for their ID, vehicle registration, and proof of insurance. Even if you don’t own a firearm, it’s best to err on the side of caution during a traffic stop and to always be genuinely polite.

Your Rights During A Traffic Stop

You do not have to answer questions about where you’ve been, where you’re going, or what you had to drink. You can refuse to allow a search, unless you have been arrested or the officer has probable cause (such as the smell of marijuana or the sight of stolen goods). You can also refuse a field sobriety test; if you do, you will likely be arrested and given a blood test once in custody. Of course, once arrested you have the right to remain silent and to speak with an attorney.

What To Do If You Think A Traffic Stop is Unlawful

Do not challenge the police officer. Instead, remember what happened and record the details when you get a chance. Arguing during the traffic stop is more likely to hurt your case than help it. Leave the arguing to an experienced attorney who handles DUI cases all the time. Have you been involved in an unlawful traffic stop? Contact Nava Law today. We’ll protect your rights.

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