Articles Posted in DUI Stop

Arizona Court of Appeals: Mistake of Law must be Objectively Reasonable to Avoid Suppression of Evidence obtained after the Stop

Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful?

This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver because the officer thought the rear display light on his vehicle was unlawful.

This article takes a closer look at how defense successfully challenged an unlawful police stop due to the police officer’s mistake of law with these topics:

How to avoid additional charges, and make sure your DUI stop does not turn deadly
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Recently a Mesa AZ police officer approached a vehicle and asked the driver if he had any weapons. The driver responded, affirmatively that he did in fact, have weapons in the vehicle. At that point he reached to the other side of the car and pulled a gun out of a holster from inside the vehicle. The officer apparently felt threatened, and reacted by drawing out his own sidearm. The police officer gave verbal commands for the driver to drop his weapon. The driver immediately dropped his weapon. The driver agreed to take a field sobriety test, which evidently did not go well for driver, since he was then taken to a command center to be booked for a DUI.

What went wrong that made this DUI stop potentially deadly?

Let’s take a closer look at reported events; application of the law; and tips on how to avoid criminal charges that are unrelated to driving impairment. First, there is no legal duty to voluntarily tell an officer you are carrying a gun if you are pulled over while driving in Arizona. However, you should respond affirmatively to an officer who asks. You should never pull a firearm out or at the officer or cause those to feel threatened in anyway. The driver was fortunate that the officer responded apparently with levelheadedness.

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