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  1. #1
    Join Date
    Oct 2012
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    4

    Default Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Green

    My question involves criminal law for the state of: Arizona

    Thanks for reading this: I have recently been charged for DUI and the cause for this is quite suspect. I was stopped at a red light with one car in front of me. The light turned green for a left hand turn and the car in front of me did not move. I honked my horn and the car started to move and my car started to move as well. The light changed from green to yellow when I had already passed the crosswalk (thus being past the median). I was immediately pulled over for running a red light and given roadside sobriety tests, one after another.
    The question that i have is that the scenario for the police to have pulled me over could not have a positive outcome. My point is this:

    1) If I was past the median and chose to back up, the officer would have pulled me over.
    2) If I continued while in the middle of the road, the cop pulled me over so the question has to be asked?

    What would have been the correct answer for moving through this type of traffic occurance?
    I am almost positive that this is the correct way to defend myself in getting this DUI dismissed and the state has offered to dismiss the red light infraction only making me more sure that the legitimacy of the stop was illegal. Any help would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    You say "median" - do you mean "shoulder"?

  3. #3
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    median in my definition is the concrete barrier that separates the road from oncoming traffic Shoulder in my mind is like an HOV lane or emergency lane and I was not in this lane whatsoever. Hope this all makes sense.

  4. #4
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    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    So you pulled half-way across the road?

    How about finding the exact location on Google Maps and posting a link.

  5. #5
    Join Date
    Oct 2012
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    4

    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    I was not speeding, heck I was already stopped for one cycle of the light and because of the car in front of me...was going to miss the second cycle. I don't think a true violation could have occurred because there was not enough time for even two cars to go through the light!

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    The standard for probable cause is lesser as people have told you. Further, the justification to the stop does not need to be articulated to you. They probably can add a number of reasons from running the red light, failure to yield to oncoming traffic, the fact that you were indiscriminately blowing your horn, etc... are all justification to investigate you further.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Charged With DUI After a Traffic Stop for Running a Red Light, But Entered on Gre

    Of course they dropped the red light infraction - it is a lesser included offense that established the reasonable suspicion for the detention in the first place, but they do not need to charge it.

    Your attorney can always try to make a motion for an unlawful stop, but if they had ANY suspicion that you had committed a traffic violation, the stop was good. Heck, if you were unable to clear the intersection by the time the light turned red, that might be sufficient to justify the stop (depending in AZ law).

    What does your attorney have to say on all of this?

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