Criminal Law

questions & answers

Question: Pending DUI case. Is it my right to have the arresting officer interviewed and present at pre-trial hearing? Why was blood alcohol level not taken or requested. Is it legal to pull over a traveler at 35mph in 45mph zone?

Answer: Under A.R.S. section 28-1321 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/01321.htm&Title=28&DocType=ARS), a person is entitled to request a hearing, granted the person has made a timely request after receiving notice. The scope of the hearing shall include issues whether the law enforcement officer had reasonable grounds to believe the person was driving under the influence.
A.R.S. section 28-1321 also states that “the test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was driving under the influence.”
A police officer can technically pull someone over if they are driving any amount over the speed limit. A police officer may pull someone over if he/she believes they are somehow impaired and/or have committed a traffic violation.