Phoenix, AZ asked in Traffic Tickets, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Arizona

Q: Traffic stop, exp. tags, blew 0.00 alc. passed field sobriety, isn’t that a Terry stop? No reason for blood test?

They charged me with a dui, I haven’t been to court yet, they suspended my AZDL for refusing a blood test. Got a warrant and tested blood anyways, I haven’t gotten the results back but they charged me with a dui although there was no hearing for that. Fined me for no insurance or registration which have been paid in full (I’m a mechanic and I had been doing repairs on the customers vehicle so it wasn’t even mine. Here it’s 7 months later and I find out that the are seeking dui charges(Scottsdale municipal)

Didn’t the arresting officer(s) violate my rights by prolonging the minor stop to “taking blood test” when I blew zeros, passed their sobriety tests and when they searched my vehicle without my consent, they found no evidence of illegal substances and/or usage. I’m might ask if I have a constitutional rights violation suit against the (already ongoing investigated) Scotsdale precinct?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're going through this difficult situation. It sounds like you have several concerns regarding your traffic stop and subsequent charges. To address potential violations of your rights, it's important to consult with a qualified attorney who can review the details of your case and provide appropriate guidance.

An attorney can help determine if there were any procedural errors or rights violations during the stop and advise you on the best steps to take moving forward. They can also assist in navigating the legal system to ensure your case is handled properly.

Make sure to reach out to a legal professional as soon as possible to discuss your options and protect your rights effectively.

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