How Officers Misinterpret Traffic Laws—And What That Means for Your Defense
When you’re facing a DUI charge in Tucson or Pima County, it’s easy to feel like the odds are stacked against you. Police reports sound authoritative, and officers often speak with complete confidence about the reasons for a stop. But here’s the reality: sometimes, officers make mistakes—even when it comes to understanding the laws they’re supposed to enforce.
This is rare, but it does happen. And when it does, it can mean the difference between a conviction and a dismissal. An experienced, detail-oriented DUI attorney knows how to spot these mistakes and use them to your advantage. That’s exactly what happened in a recent case I handled, where I secured a non-DUI plea after challenging the officer’s fundamental misunderstanding of the traffic law.
When Officers Misinterpret Traffic Laws
Police officers are trained to enforce the law, but they are not lawyers. Sometimes, they interpret legal standards incorrectly, resulting in unlawful stops and the risk of evidence being suppressed. One of the most common areas where this happens is with technical traffic violations that officers believe automatically justify a stop.
One of the clearest examples of this comes from a recent case where I defended a client accused of DUI. The officer alleged that my client violated Arizona’s right-turn statute by allowing the driver’s-side tires to encroach into the adjacent lane while making a right turn. The officer insisted that this minor deviation was enough to justify a traffic stop. But here’s the problem: the officer’s understanding of the law was simply wrong.
Arizona’s right-turn statute (A.R.S. § 28-751(1)) states that a right turn must be made “as close as practicable to the right-hand curb or edge of the roadway.” Importantly, it does not say that a driver must maintain perfect lane adherence throughout the turn—only that the turn must end as close as practicable to the curb. In my client’s case, the officer believed that any deviation from the rightmost lane justified a stop. This interpretation was incorrect, as confirmed by Arizona case law, including State v. Bouck.
Why This Matters for Your Defense
This kind of mistake is rare, but it’s important to know that it can happen. A police officer’s incorrect interpretation of a traffic law doesn’t just create confusion—it can lead to unlawful stops and the dismissal of charges. The key is having an attorney who knows the difference between an officer’s belief and the law's requirements.
When police misinterpret traffic laws, it directly affects whether they had reasonable suspicion to make a stop. In Arizona, courts have been clear that minor, momentary lane deviations do not automatically justify a stop. In fact, the courts have consistently ruled that reasonable suspicion must be based on clearly articulable facts—not on a mistaken understanding of what the law requires.
In my client’s case, the officer’s belief that the right turn had to be perfectly within the rightmost lane was not just incorrect—it was unconstitutional to base a stop on that misunderstanding. By identifying and challenging this mistake, I was able to secure a non-DUI plea for my client, avoiding the harsh consequences of a DUI conviction.
Spotting Police Misinterpretation Requires Skill and Experience
It’s important to stress that this type of mistake is rare. Most officers are well-trained and knowledgeable about traffic laws. However, when errors do happen, they can be crucial to your defense. An attorney who doesn’t thoroughly analyze the evidence may miss these errors, resulting in an unjust conviction.
The reality is that it takes a detail-oriented, experienced DUI attorney to spot errors like this. At AJB Law Firm, I carefully examine every aspect of the case, including the officer’s understanding of the law, the basis for the stop, and any evidence that may have been improperly obtained. I don’t just take the police report at face value—I dig deeper to make sure your rights are protected.
Why You Need a Tucson DUI Attorney Who Knows the Law Inside and Out
If you’ve been charged with DUI in Tucson or Pima County, don’t assume that the officer’s word is final. Police are human—they make mistakes, and when those mistakes involve misinterpreting the law, they can lead to unlawful stops and dismissed charges. Your best defense is a knowledgeable, dedicated attorney who knows how to challenge weak evidence and spot police errors.
At AJB Law Firm, I am committed to giving my clients the strongest possible defense. I know how to challenge police assumptions, fight back against faulty evidence, and ensure that the law is applied correctly. Don’t let a DUI charge define your future—let me help you protect your rights and get the best possible outcome.
Contact me today to schedule a consultation and learn how I can fight for you.
