Tempe Illegal DUI Stop ׀ Arizona DUI Laws
How Tempe DUI Lawyers Get DUI Charges Dismissed “If the Tempe DUI stop was found to be illegal, there is strong potential that your Tempe DUI charges can be dismissed.”
If your face Tempe DUI charges, you should consult an Arizona DUI Lawyer who defends DUI charges in Tempe on a regular basis. Many Good DUI Attorneys will provide you with a free consultation. During your consultation Your Tempe DUI Attorney will some important questions. One of the first questions a good AZ DUI attorney will ask you is “What was the alleged reason for the Tempe DUI stop? Although they may sound like irrelevant questions to you, they will be imperative in your defense, which could lead to a possible dismissal of your charges.
The United States Supreme Court has held that an officer must have a “reasonable suspicion” that a criminal offense or traffic offense has been committed or is in progress in order to stop a vehicle. (This excludes DUI Checkpoint Task Force which requires the police to stop cars in an advanced mathematical formula decided by City or County Officials or the Police Department Management).
If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to Stop you for suspicion of Drunk Driving in or Drug DUI in Tempe. These types of driving actions are commonly seen in unimpaired drivers.
If the Tempe DUI stop by the police was illegal then your Tempe DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. Then it will be up to the judge or jury to decide if the stop was truly meritless. If the Tempe DUI stop was found to be illegal, there is strong potential that your DUI charges can be dismissed or any evidence after the stopped suppressed. In any event, it puts a wrench in the prosecution’s case against you.
To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.
If you have been charged with any Tempe AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Phoenix, Chandler, Scottsdale, Gilbert, Mesa, Gilbert, and surrounding areas valley-wide within Maricopa County Arizona.
more This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.
