Posts

DUI Charges: Reasonable Suspicion and Dismissal in Phoenix

Driving under the influence cases begin with the traffic stop. For police to initiate a traffic stop, they must have reasonable suspicion that the driver is engaged in criminal activity. Reasonable suspicion for a DUI stop can be based on a huge number of factors, but generally the stop must take place because of a moving violation or otherwise poor driving performance. One of the best ways to beat a DUI charge is by finding an issue with the traffic stop.

I worked on a case where the driver was stopped for failing to use a turn signal. Like many DUI traffic stops, this one happened late at night and traffic was very light. The officer who initiated the stop described no other moving violations or bad driving. After the stop and an investigation, our client was charged with driving under the influence and arrested.

We interviewed the officer and asked him whether he had seen any other indication that our client was impaired before he pulled him over. The officer confirmed that the only reason he had pulled our client over was because of a failure to signal. We then asked him whether there were any other cars on the road at the time of the stop. There were not.

Under Arizona law, a turn signal is only required when a driver’s turn or lane change would affect other traffic. Because there was no other traffic on the road, our client’s failure to signal was not a traffic violation. In a pretrial argument, we were able to convince the judge that the officer lacked reasonable suspicion to make a traffic stop, and that his mistake was not reasonable. As a result, the rest of the investigation was suppressed, and the State had no choice but to dismiss the charges against our client.

We examine all of our DUI cases for these kinds of issues and use them to get the best possible results for our clients. If you have been charged with a DUI, call us! We offer free consultations and are available to discuss your case whenever it is convenient for you.

Written By Attorney Anthony Strong

DUI Checkpoint Locations for Cinco de Mayo Weekend in Arizona

Cinco de Mayo weekend in Arizona can result in more DUI’s than St. Patrick’s Day, & police will be on high alert for people driving under the influence. People will be celebrating all weekend and DUI incidents will be on the rise. Cates & Garvey Law Group wants everyone to stay safe this Cinco de Mayo weekend. Call an Uber, Lyft, or a taxi if you are celebrating with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

 

Click the link to stay up-to-date with the newest checkpoints, updated in real time:

http://bit.ly/checkpointaz

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts

 

County City Location Time
Maricopa Buckeye Undisclosed Location – West Valley Weekend – Mar 16 – 17, 2019
Maricopa Phoenix Baseline Rd and 24th St Area Sat Mar 16, 2019
Maricopa Phoenix N 27th Ave and W Devonshire Ave Area Thu Dec 27, 2018
Maricopa Mesa W Rio Salado Pkwy and N Evergreen Rd 6pm To 4am – Wed Dec 26, 2018
Pinal Apache Junction Ironwood Dr and W Southern Ave Area Fri Dec 21, 2018
Maricopa Chandler W Hunt Hwy and N Gary Rd – San Tan Valley Sat Dec 15, 2018
Graham Pima N Pima Rd and Roadrunner Rd Sat Dec 8, 2018
Coconino Sedona Undisclosed Location Sat Dec 8, 2018
Maricopa Tempe E University Dr and S Mcclintock Dr Area Fri Dec 7, 2018

 

DUI Checkpoint Locations for New Years Weekend in Arizona

Much like Thanksgiving and Christmas, Arizona police are on high alert for people driving under the influence on New Year’s Eve and New Year’s Day. With New Year’s Day falling on a Monday, people will be celebrating all weekend and DUI incidents will be on the rise. Cates & Garvey Law Group wants everyone to stay safe this New Years weekend. Call an Uber, Lyft, or a taxi if you are deciding to have fun with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

 

Click the link to stay up-to-date with the newest checkpoints, updated in real time:

http://bit.ly/checkpointaz

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts

County City Location Time
Pinal Apache Junction Ironwood Dr and W Southern Ave Area Fri Dec 21, 2018
Maricopa Chandler W Hunt Hwy and N Gary Rd – San Tan Valley Sat Dec 15, 2018
Graham Pima N Pima Rd and Roadrunner Rd Sat Dec 8, 2018
Coconino Sedona Undisclosed Location Sat Dec 8, 2018
Maricopa Tempe E University Dr and S Mcclintock Dr Area Fri Dec 7, 2018
Mohave Lake Havasu City Az-95 and S Smoketree Ave Sat Nov 17, 2018
Pima Tucson E Speedway Blvd and N Wilmot Rd Sat Oct 27, 2018