I was pulled over for a dui, later my case was dismissed due to an illegal stop. Can i use this to win my admin per se?

A little background. I was pulled over for a dui while i was already parked in a parking lot. After i pulled in i turned off my vehicle and put the keys in my passenger seat to make a phone call. About 1 minute later a police officer pulled in behind me and flipped on his lights. Keep in mind i was not driving. He treated it like a normal stop. I blew a .084. My criminal case was dropped on the basis of the stop being illegal and the police officer not having reasonable suspicion to pull me over in fact it was illegal to perform a stop while i wasn't driving. Therefore the stop was deemed illegal. Keeping this in mind. Can i successfully use this in my Administrative hearing in Arizona and what are my chances of winning something like this.

Pinetop, AZ -

Attorney Answers (3)

Cindy Castillo

Cindy Castillo

DUI / DWI Attorney - Phoenix, AZ
Answered

The hearing officer will need to find that you were driving and/or in actual physical control. Depending on whether the officer testifies that he observed driving, you may be able to show you were using your car as a shelter. Also, given the results are so low and this is a breath test, you might have a decent shot at vacating the suspension by arguing margin of error. Unfortunately, because the MVD and the courts are separate entities, you do not automatically win the MVD hearing. If, however, your suspension is upheld, you may be able to ask for an expungement of the aim per se once the suspension is completed. Good luck.

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Max N Hanson

Max N Hanson

DUI / DWI Attorney - Scottsdale, AZ
Answered

The Adminstrative Hearing with MVD is a separate action from the court case for DUI, and is subject to a different evidentiary standard. In the Adminstrative Hearing, the hearing officer only needs to find that it was more likely than not that the officer had probable cause to cite you for DUI. So while I agree that the determination in the criminal case that the officer did not have reasonable suspicion or probable cause to initiate the stop will and should be important evidence in the MVD hearing, it does not guarantee on its own that the hearing officer will rule in your favor. I would advise you to consult with an experienced DUI attorney to discuss the facts and circumstances of your case and how you might maximize your chances for a positive result at the Adminstrative Hearing. Good luck!

Larry Thomas McMillan

Larry Thomas McMillan

DUI / DWI Attorney - Miami, FL
Answered

In Florida you can absolutly use that argument at an administrative hearing and you would win. I would assume that the same is true in AZ. Call and ask a local DUI attorney in AZ.

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