Your Arizona DUI Attorney can have your DUI in Arizona dismissed if there is "No Probable Cause to Arrest". The police officer must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Otherwise, the arrest is unconstitutional and invalid. Therefore, in this event, your Arizona DUI attorney can have your Arizona DUI case dismissed. This right comes from the Fourth Amendment of the United States Constitution. The amendment specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause".
"Probable cause to arrest" holds a higher standard than "reasonable suspicion to stop" or detain a driver for questioning. For example if you were stopped because the officer, with no other witnesses, saw you drinking out of what appeared to him or her to be an opened alcohol container, that would prompt justification for a "reasonable suspicion' to stop you, and merely to begin an AZ DUI investigation. It does not justify the "probable cause" standard needed to make an Arizona DUI Arrest. The police officer must still have "probable cause" to prove that the person is under the influence of drugs or alcohol, and as a result is impaired prior to making an arrest. The police officer needs more in the way of specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests, "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, conclusions made by a police offer or the prosecution.
It is your Arizona DUI attorney's job to make sure your rights are protected and have not been violated if you have been arrested for an Arizona DUI. You have the right to a defense. You should make sure that Arizona DUI Lawyer you choose to defend your Arizona DUI is experienced and knowledgeable about Arizona DUI laws, and drunk driving defenses, and your constitutional rights. That choice can make all the difference in the outcome of your AZ DUI case and your future.
Phoenix, DUI Lawyer - Arizona DUI Attorney
If you or someone you know has been charged with an Arizona DUI or other Criminal offense, contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI, Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, Mesa DUI and the surrounding areas of Greater Phoenix in Maricopa County, Arizona
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.
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