Re: AZ DUI - Probable Cause

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On 6/02/09, Jessica wrote:
> I was waiting in my car for a friend to pick me up because I
> did not need to be driving. An officer approached me and
> told me to leave the premises and "GO HOME". Scared I felt I
> needed to leave immediately. It was a public convenience
> store so I do not know why I was told to leave. As I pulled
> out onto the road the officer followed me. About a mile from
> my house the officer pulled me over. I was not driving
> badly, speeding, swerving, or anything. I was arrested and
> charged with Extreme DUI. Can it hold up in court since he
> did not have probable cause to pull me over? Is there an
> issue with the fact that the officer told me to leave where
> I was sitting safely and obeying the law? Help!!

I'm not sure if you have reached a resolution yet but looking
at this he didnt have any probable cause unless he was to say
he detected the scent of alcohol when he approached the
vehicle. In which case your argument should be the officer
didn't take action at the time of your first interaction which
you might be able to play off as entrapment. Good luck I am
going through the same pain right now