I’ve now had two different clients stopped for a violation of A.R.S. § 28-959.01(B), which states (paraphrasing) that a person shall not operate a motor vehicle with an object placed on the windshield that obstructs or reduces a driver’s clear view through the windshield.

The offending object in both of those cases may surprise you: a radar detector.  In both instances, the radar detector was placed directly beneath the rear-view mirror at the base of the windshield, just above the dash – clearly not obstructing or reducing the driver’s clear view through the windshield.  Furthermore, the law in Arizona doesn’t prohibit radar detectors, but the way that law enforcement is using A.R.S. § 28-959.01(B) would appear to subject anyone who uses a radar detector to police intrusion into their life.

Curiously, A.R.S. § 28-959(A)(12) specifically excludes “safety monitoring equipment and driver feedback” objects from the statute.  I would argue that a radar detector is a safety monitoring device that provides driver feedback.

If you or someone you know has had contact with law enforcement for simply having a radar detector or “GoPro” camera mounted to the windshield, it is imperative that they speak to an experienced criminal defense attorney before making any decisions about their case.

Be safe out there.  The world continues to be a dangerous place.

We always strive to develop trust with our clients through one-on-one, day-by-day, case-by-case communication.  Frequent communication is touchstone for us in providing the best client care and representation.  A recent article by Forbes highlights the importance of communication and its vital role in establishing a trusting relationship between lawyer and client.  It truly is a wonderful moment as a lawyer when a client recognizes the way we’ve advised and counseled him or her during our representation and responds as Trev P did in a recent Yelp review.  Thank you Trev P!

I recently had a client stopped for a “wide right turn” here in Phoenix.  It was the only basis for the traffic stop and my client did not commit any other driving violations.  You may be asking yourself: “How is this legal?  I watch people make a ‘wide right turn’ all day, every day at every intersection.”  So what’s going on with Arizona law?

Under A.R.S. 28-751(1), a driver intending to make a right-hand turn shall do as follows:  “Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.”

Seems simple, right?

But what if I told you than in many, many intersections across the State of Arizona, particularly in any older sections of towns, the intersection, itself, does not physically allow a vehicle to turn completely into the right-hand curb lane?

Doesn’t seem fair, does it?

Many of these older intersections weren’t designed to accommodate today’s larger vehicles.  Put another way, there are a number of intersections in Arizona where it is a physical impossibility to complete a right turn as the laws mandate – a driver would either (1) “turn wide” into the second lane of travel or (2) the driver’s right-rear tire would have to go up over the curb.  Either way, if a law enforcement officer sees it, you’re likely getting pulled over.

It is not surprising then that these “wide right turn” violations are rarely handed out during the daytime hours (I see them much more frequently cited at night, when the DUI patrols are out).  It would appear that law enforcement is using this questionable “traffic violation” as an opportunity to contact drivers at a time when there is at least, theoretically, a higher likelihood that the driver may have consumed alcohol.

If you or someone you know has been pulled over based on a “wide right turn,” it is imperative that they speak to an experienced criminal defense attorney before making any decisions about their case.

Be safe out there.  The world is a dangerous place.