Reasonable Suspicion for Traffic Stop, Arizona

[Vbond06]

What is the name of your state (only U.S. law)? Arizona

I was recently charged with a misdemeanor DUI charge as well (in Arizona) but the initial stop seemed suspicious to me and I'm curious if there are challenges to the Reasonable Suspicion for the traffic stop. I have no grounds to stand on regarding the subsequent stop, as I was honest with the officer that pulled me over.

I was at an intersection and came to an abrupt stop due to a yellow light. The stop was rough and must have caught the officer's eye as he was turning in front of me from the opposite direction to the left and immediately turned on his lights, proceeded to loop back around and pull behind me. The officer did not indicate the actual reason for initiating the stop (just the standard 'do you know why I pulled you over' which I responded with 'yeah, I came to a pretty sudden stop back there'). The resulting charge did not include a traffic citation other then the DUI charges and a mention that I was observed visually going 5 over (which I don't think was the case either), though I don't think that there's any reasonable way that the officer could have calculated that based on the angles involved.

Is there basis for a challenge to a traffic stop if it can be shown that the officer pulled me over just for being on the road in a particular location at a certain time of night (it was 11:30). I have hired an attorney already but I am waiting for the police report before I pester him with the defenses to this aspect of the case.

 

[adjusterjack]

Is there basis for a challenge to a traffic stop if it can be shown that the officer pulled me over just for being on the road in a particular location at a certain time of night (it was 11:30).

No.

Because that's obviously NOT why he pulled you over and addressing those two elements conveniently ignores the reason that he DID pull you over.

He observed you traveling at a high rate of speed that required you to slam on the brakes when the light turned red.

That might be all the "reasonable suspicion" or impairment that he needed to pull you over.

Once that was established and he found you impaired you got the DUI. He had no obligation to cite you for anything else.

Your lawyer can certainly argue the contrary.

You'll just have to wait and see how that turns out.

 

[HighwayMan]

You were drunk so why do you think you had a clear and objective view of the things you were doing while driving?

I guess you like paying your attorney for no reason. If you really have one TALK TO HIM AND ONLY HIM.

 

[quincy]

What is the name of your state (only U.S. law)? Arizona

... I'm curious if there are challenges to the Reasonable Suspicion for the traffic stop. I have no grounds to stand on regarding the subsequent stop, as I was honest with the officer that pulled me over.

Is there basis for a challenge to a traffic stop if it can be shown that the officer pulled me over just for being on the road in a particular location at a certain time of night (it was 11:30) ...

The answer to your question quoted above is "yes."

Someone pulled over by the police for NO reason other than being on the road in a particular location at a certain time of night can challenge the traffic stop and any evidence gathered from the stop that led to the issuance of a ticket and charges.

Unfortunately, that does not appear to be what happened. Because the stop resulted in a DUI, there is some reason to believe your driving was less-than-stellar. It is likely the officer can sufficiently articulate reasonable suspicion.

That said, the attorney you have hired will look into the stop.

It is never a good idea to drive after drinking. Either don't drink or don't drive. The combination otherwise can be fatal to you or others.

Good luck.

 

[adjusterjack]

It is never a good idea to drive after drinking. Either don't drink or don't drive. The combination otherwise can be fatal to you or others.

Wouldn't it be nice if drunks thought about that before they drove drunk?

Booze and stupidity - inseparable.

 

[quincy]

Wouldn't it be nice if drunks thought about that before they drove drunk?

Booze and stupidity - inseparable.

Yup.

That is one of the major problems with alcohol and drugs. They mess with the brain in a way that is not apparent to the one who is muddle-brained. It would be nice if noses lit up or something.