PRETEXTUAL STOPS-PART III: TAILLAMPS, BRAKE LAMPS & HEADLIGHTS

Headlights, taillights, brake lights, and license plate lights– claimed vehicle equipment lighting violations police tend to use as an excuse or pretext to stop a vehicle late at night and conduct a DUI investigation.

Read: PRETEXTUAL STOPS-PART III: TAILLAMPS, BRAKE LAMPS & HEADLIGHTS

Pretext Stops for DUI in Tucson

Sometimes the police commit the same traffic infractions themselves. The police transparently use these purported “infractions” as bold excuses (or “pretexts”), to investigate the drivers for DUI. And they have generally been very successful at it.

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More on Arizona DUI Pretext Stops: Wide Turns, Blinkers, and Tailgating

Last time, we spoke about one particular sometimes spurious excuse that DUI police in Arizona tend or in some cases love to use to justify late night stops: ARS 28-729.1 “touching” or momentarily “crossing” a lane divider. Today I want to speak with you about some other sometimes equally spurious reasons police use to justify late night DUI stops.

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Loss of Airport Access Credentials -Secured Identification Display Area (SIDA) badge

In 2015, TSA performed almost 13 million employee screenings for individuals requesting unescorted access to secured areas in airports. These credentials, called Secured Identification Display Area (SIDA) badges are necessary for everyone from pilots to janitorial workers that need regular access to areas in the airport that are behind the security checkpoint. While terrorism concerns provide the main justification for this coveted credential, the criminal history disqualifications are much more likely to affect your average applicant or employee.

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Arizona Standard Conditions of Probation Now Include Warrantless Cell Phone Searches

Recently, the Arizona Supreme Court ruled that probationer’s cell phones are included in the definition “property” that is subject to warrantless searches and seizures, as long as the search is “reasonable under the totality of circumstances.”

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New Technologies and Apps for Alcohol Detection and DUI Prevention Could Reduce DUI and Present New Legal Questions

There are exhaustive amounts of DUI case law that address the level of reasonable suspicion needed for a DUI stop, when and how breathalyzers and blood tests can be used as scientific evidence of impairment, and how field sobriety tests must be conducted to be used as evidence of probable cause for arrest. But, new technologies for alcohol detection that are currently available or will soon be available are likely to result in new case law that addresses the accuracy and use of these technologies to make legal determinations of impairment or impose other collateral consequences on impaired drivers.

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SCOTUS Resolves Circuit Split and Rejects 9th Circuit’s More Lenient Cancellation of Removal Standard

Immigration law is full of confusing jargon and seemingly contradictory statutes. One confusing concept is that of “inadmissibility.” On its face, inadmissibility would seem to mean that one who is ineligible to be “admitted” to the U.S. is “inadmissible,” but this term also applies to aliens within the U.S. who have committed one of a number of offenses. In other words, you do not have to be seeking admission or denied admission, once you have committed a qualifying offense, you are “inadmissible”.

Read: SCOTUS Resolves Circuit Split and Rejects 9th Circuit’s More Lenient Cancellation of Removal Standard

Who Can Find Out About My Arizona DUI Arrest or Conviction?

If you are convicted of DUI in Arizona, this information will be shared with various governmental entities and private parties can also access the information through certain channels. Even before you are convicted, there could be certain parties that receive notice of your arrest. This means that, in addition to jail time and restrictions on your ability to drive, even the accusation of a DUI can have long-lasting impacts on your ability to work in your profession, your professional reputation, your immigration status, and even your ability to travel to certain other countries.

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What is Prosecutorial Stacking of Charges?

In Arizona, repeat felony offenders face harsher sentencing guidelines than first-time offenders. When prosecutors “stack” charges, defendants can be sentenced as repeat offenders even if the defendant has no prior convictions. Under current guidelines, as long as a prosecutor can prove that crimes were committed on separate occasions, the crimes can be prosecuted in the same trial but for the second and subsequent offenses, the defendant is sentenced as a repeat offender.

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Covid Assault: Is it a Real Thing?

Yes! Jurisdictions all over the country are faced with cases of individuals using or threatening to use Covid-19 as a “weapon” to harm others. You may have seen the now viral video of a woman who was seen coughing on produce in a grocery store, but that is only the tip of the iceberg and different jurisdictions are handling these situations in different ways.

Read: Covid Assault: Is it a Real Thing?