How We Challenged an Illegal Stop and Reduced DUI Charges to Reckless Driving

As a Tucson DUI attorney, I’ve seen countless cases where officers make traffic stops based on subjective beliefs rather than objective legal standards. One of the most powerful defenses available in a DUI case is challenging the legality of the stop itself. Under the Fourth Amendment of the United States Constitution, every citizen has the right to be free from unreasonable searches and seizures. This means that for a traffic stop to be lawful, the officer must have reasonable suspicion that a traffic violation or crime has occurred.

Unfortunately, many DUI stops begin with an officer’s mistaken interpretation of the law or a subjective belief that a driver did something wrong. In one recent case, we demonstrated that the officer made just such a mistake, resulting in a reduction of the original DUI charges to reckless driving. This outcome significantly reduced the potential penalties for our client and is a great example of how challenging an illegal stop can make all the difference.

Understanding Reasonable Suspicion and the Fourth Amendment

The Fourth Amendment protects individuals from unreasonable government intrusions, including traffic stops. In the context of DUI cases, this means that law enforcement officers may not lawfully stop your vehicle unless they have reasonable suspicion of a crime or traffic violation. This standard requires a particularized and objective basis for suspecting wrongdoing. In other words, the officer must be able to articulate specific facts that led to the stop.

For example, weaving erratically, running a red light, or speeding may justify a stop. However, minor and momentary deviations from the lane, especially when road markings are worn or unclear, do not, by themselves, create reasonable suspicion. The courts have held that drivers are not required to drive perfectly, only reasonably. Brief, inadvertent crossing of a lane line or momentary drift into another lane is generally insufficient to justify a stop, particularly if there is no evidence of impaired driving or a threat to public safety.

What Happened in This Case?

In this case, the client was pulled over after making a right turn that allegedly violated A.R.S. § 28-751. The officer claimed that the driver’s side tires crossed briefly into the center lane before settling into the rightmost lane. The officer interpreted this as a violation of the statute, which requires that right turns be made as close as practicable to the curb. However, there are several problems with this interpretation.

First, the officer admitted during a recorded interview that the lane markings were significantly faded and had been for some time. In fact, he stated that he had previously requested that the city repaint the lines, but they quickly became worn again. This raises a crucial point: when the lane markings are not visible or are so faded as to be unnoticeable, it becomes virtually impossible for a driver to know whether they are strictly within the rightmost lane.

Moreover, the officer also acknowledged that the vehicle did not interfere with other traffic during the turn. This detail is critical because the statute's purpose is to ensure public safety, not to require absolute precision in lane adherence when road conditions make it impractical or impossible.

Why the Stop Was Illegal

The officer’s insistence that the vehicle should have turned entirely within the rightmost lane is contrary to both the statutory language and case law. In Arizona, the statute requires that a right turn be made as close as practicable to the right-hand curb or edge of the roadway. This does not mean that the vehicle must be entirely within the lane at all times. Courts have interpreted this language as permitting minor deviations, particularly where there is no immediate danger to other vehicles or road users.

Additionally, the officer’s own admission that the lane markings were essentially nonexistent undermines his assertion that the driver violated the law. If a reasonable driver could not discern where one lane ended and the next began, it would be unjust to penalize them for a supposed violation of lane integrity.

Furthermore, the officer admitted that the turn did not interfere with any other vehicles, a key consideration in assessing whether the maneuver posed a risk to public safety. When the alleged violation poses no danger, and the driver is navigating a roadway with poor or absent lane markings, it cannot reasonably be considered a criminal act.

The Result: Reduced Charges

By demonstrating that the initial stop was unsupported by reasonable suspicion, the prosecution ultimately agreed to reduce the DUI charges to reckless driving. This resolution significantly lowered the potential consequences for our client, including reduced fines, fewer points on the driving record, and no mandatory jail time typically associated with a DUI conviction.

Lessons Learned: Why Challenging Stops Matter

This case is a powerful reminder of why it’s essential to challenge the validity of a traffic stop. If an officer cannot clearly explain the basis for the stop or relies on vague or incorrect interpretations of traffic laws, the evidence obtained may be deemed inadmissible. An experienced attorney knows how to dissect the police report, scrutinize body-worn camera footage, and challenge the assumptions that led to the stop.

If you’ve been charged with DUI or any related offense in Tucson or Pima County, it’s crucial to have a defense attorney who understands how to challenge illegal stops. I’ve spent years analyzing traffic laws, Fourth Amendment violations, and police conduct to ensure that my clients receive fair treatment under the law.

How We Can Help

Navigating a DUI charge can be daunting, but you don’t have to face it alone. Whether it’s disputing the legality of a stop, challenging the accuracy of field sobriety tests, or questioning the validity of chemical testing, our team is here to fight for your rights. Contact us today to discuss your case and learn how we can help protect your future.

Final Thoughts

DUI cases are complex and often turn on the most minor details, such as whether a turn was made perfectly or whether a lane marking was visible. Don’t let one officer’s subjective interpretation dictate your future. If you or a loved one is facing DUI charges, take control of your defense by speaking with an attorney who will fight for your constitutional rights. Contact us for a consultation and learn how we can make a difference in your case.