Articles

Arizona Criminal Defense Attorney

How to Survive a Traffic Stop

Being pulled over can be a scary, tense, and stressful situation for everyone involved, as a simple traffic stop can lead to a loss of money, liberty, or even life. You never know what type of officer you will be interacting with or what kind of shift that officer had worked. Your main priority should always be to complete the stop, take the ticket, and move on or fight the ticket in court.

The Fourth Amendment protects you against unreasonable searches and seizures. What this means is that you have a constitutional right to be secure in your vehicle; free from unreasonable searches and seizures. Each state has their own set of standards when it comes to the Fourth Amendment, and Arizona is no different. Arizona’s Fourth Amendment Protection Act bans the use of illegally obtained data and evidence in state courts. During a traffic stop you are not free to go; thus, you are detained and seized until the officer tells you otherwise. One type of unreasonable seizure is when the stop lasts longer than the necessary time to carry out the goals or handle the issues of the initial stop. For example, if you are stopped for speeding and the officer has no other probable cause to detain you, they must let you go after giving the speeding ticket. They cannot wait for a K-9 unit to show up past the necessary time for the purpose of the stop.

Once the officer has indicated to you to pull over, you must do so. Immediately turn on your signal to let the officer know you are complying, and find a safe spot to pull over. If one is not immediately present, make sure to slow down and keep your blinker on as you look. Once stopped, turn your engine off and roll down your window. Remain in the driver’s seat with your seatbelt on and place both hands on the steering wheel in plain sight. If it is dark outside the vehicle, turn on the interior lights so the officer can see you and your surroundings within the vehicle. If others are with you in the vehicle, you should instruct them to remain quiet and calm. You should also advise them to comply with the officer’s orders and instructions.

When the officer approaches the vehicle, be respectful. Never make sudden or unexpected movements, especially those that suggest you are reaching for something. Once instructed, you MUST provide routine documents including driver’s license, proof of insurance, and vehicle registration. You must also indicate if you are in possession of a firearm. If the officer instructs you to step out of your vehicle, you MUST comply. However, you are not required to respond to small talk because you have the right not to incriminate yourself. All statements to an officer before and after your Miranda rights can be used in a case against you. For example, where you came from, your destination, what you ate, or what you drank. These statements can be used for anything from creating probable cause for a search to impeachment uses at trial. For this reason, you have the right to remain silent and the right to an attorney. Both of these rights must be invoked and should never be waived. Keep in mind that unreasonable silence could be grounds for suspicion and probable cause.

Generally, Police officers need a warrant to search a car. However, the automobile exception allows officers to search a car that is “readily mobile” without a warrant if officers have probable cause to believe they will find contraband or a crime has been committed. If an officer asks for permission to search, this is a red flag. The officer likely does not have enough probable cause to conduct a warrantless search. You should NEVER consent to a search. Simply respond with, “No, I do not consent.” If the officer wants to search and has enough probable cause they will retrieve a search warrant.

After you receive your citation, or once it is apparent that you are not being issued one, you may ask the officer if you are free to leave. Remember, accepting a citation peacefully does not mean you agree with the citation. You have a right to contest the citation. However, do not challenge the citation with the officer at the stop. This usually will cause more harm than good. The place to contest is a courtroom.

It is important to remember that no two stops are identical. If you encounter a police officer during a traffic stop and question whether your rights have been violated, call The Nava Law Firm, PLLC to go over the facts surrounding your stop.

Armando Nava's Criminal Defense expertise has been featured in the following publications:
ABC 13 logo az central logofox 10 Phoenix logoAZ mirror imagePhoenix New Times logo
5 star review
Manuel Vasquez

Armando is best attorney hands down! Awesome ways of communicating with me utilizing multiple forms of communication like his portal/phone/ or text! He also will always try to find the best deals for you possible. Lastly, very resourceful as to who he can verify you with for different services/needs if he’s not able to help you with something!

Google Logo
5 star review
Joan Espinoza

If I could give Armando Nava more than a 5 star review I would do it in a heart beat. I have known him for a while now and he is someone I genuinely respect and admire. He is there for you no matter how hard or easy your case is, he does not judge you, and he does everything in his power to make the client satisfied.

Google Logo
5 star review
Aramis

I am writing this review almost a year after my charge (that I thought was going to do a year in jail) was dismissed. Armando has been very transparent and always available. I still ask him for legal advice even after my case was finished and he always helps. He will be a great ally for you and has been a dear friend for me.

Avvo Logo
desert outside phoenix, Sonoran Desert
Image of Arizona
Have A Case In Arizona?
FREE CONSULTATION
Expertise Badge
Top 40 Under 40 Badge10 Best Client Satisfaction Award for Nava Law
Lead Counsel VerifiedExpertise Badge
Copyright © 2024 Nava Law. All rights reserved.
Designed by:
Lab Coat Marketing
PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Accusation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Accusation:
Aggravated Assault w/ a Deadly Weapon
Case Result:
Reduced to a misdemeanor

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.