Wednesday, August 17, 2016

SUPPRESSION OF EVIDENCE PART 3-DUI

In Arizona we have some of the toughest DUI laws in the country.  Suppressing the state's evidence is sometimes the only way to win these cases because the odds are routinely stacked against the defendant.  Recently, the Court of Appeals ruled that a trial court erred in denying  a motion to suppress evidence obtained during a traffic stop.  In essence, the police had noticed the light that illuminated the defendant's license plate emitted a white light actually visible from the rear of the car (rather than merely illuminating the license plate). The Court reasoned such additional visible illumination of a rear license plate does not violate applicable Arizona law under ARS Section 28-931 or 28 925, and a mistake of law in this regard by law enforcement is not objectively reasonable, and  the stop was not based upon reasonable suspicision. State v. Stoll, 2 CA-CR 2015-0280, 5/23/16. #www.phoenixfelonycriminaldefense.com #www.randalljcraig.com #scottsdaleDUI #Scottsdale misdemeanor #scottsdalecriminallawyer #scottsdalecriminalattorney #phoenixcriminallawyer #phoenixcriminalattorney

1 comment:

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