Articles Posted in Reasonable Suspicion

Earlier this month, an appeals court in Arizona considered whether a criminal defendant that had caused a deadly accident was indeed guilty of homicide and aggravated assault. Originally, the defendant was convicted after his truck collided with an ATV while he was under the influence. Despite the defendant’s argument on appeal that the trial court…

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case discussing whether the arresting police officer was justified in removing the defendant from the vehicle to perform several field sobriety tests. Ultimately, the court rejected the defendant’s challenges to the traffic stop and affirmed his conviction. The Facts of…

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing…

Earlier this month, a state appellate court issued an opinion affirming a trial court’s decision to grant a defendant’s motion to suppress in an Arizona DUI case. The case required the court to review the state’s claim that reasonable suspicion supported the traffic stop. After viewing dashcam footage from the officer’s vehicle, the trial court…

In March of this year, a state appellate court issued a written opinion in an Arizona DUI case involving the defendant’s motion to suppress evidence that was recovered during the traffic stop that led to his arrest. Specifically, the defendant claimed that the police illegally seized him after they found out that he did not…

One of the most important roles of a judge or jury overseeing an Arizona DUI case is to weigh a witnesses’ credibility. Not every witness is completely accurate in their recollection of the events they testify about. It may be that a witnesses’ memory is imperfect, or that they are biased in some way. Bias…

In any Arizona DUI case, the defendant can file a motion to suppress certain evidence. When a motion to suppress is filed, it is the prosecution’s burden to prove that the evidence it is intending on using at trial was lawfully obtained. Often, Arizona motions to suppress focus on statements that were made prior to…

Law enforcement officers frequently focus their DUI enforcement efforts on long weekends and holidays under the assumption that people are more likely to drink and drive when they are out celebrating with friends and family. According to a recent news report, there were a total of 503 Arizona DUI arrests over Memorial Day weekend. Of…

Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case discussing whether a police officer had reasonable suspicion to pull over the vehicle the defendant was driving based on the fact that the officer knew the owner of that vehicle had a suspended driver’s license. Ultimately, the court concluded…

While getting pulled over may seem random – and indeed, sometimes it is – police officers are not permitted to pull motorists over for no reason. In fact, when a traffic stop is challenged, police officers must be able to articulate the reasons they relied upon for stopping a motorist. If a police officer does…