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Driver's Rights Card
(Download Copy to Keep
in Your Wallet)
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As required by
Arizona Law, I have already tendered some, all, or none of the
following documents: driver's license, registration, proof of
insurance.
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If you believe I
have committed a traffic violation then please issue me a
citation and allow me to proceed on my way.
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Unless you return
all of the paperwork I have tendered along with any citation you
believe to be appropriate, or simply inform me that I am free to
leave without issuing a citation, I shall assume that my liberty
is restrained; that I am not free to leave the scene and move
about as I choose; and that I must obey your orders without
resistance, but I do so under protest.
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I do not wish to
exit my vehicle. I do not wish to answer any questions or make
any statements. I am exercising my right to remain silent. I
request that an attorney be present during any questioning or
proceeding. I hereby request permission to contact an attorney
as soon as possible. I do not consent to being video taped or
audio taped at any time without my written consent.
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Arizona law does not
require me to submit to field sobriety tests. Therefore, I will
not submit to any verbal or non-verbal field sobriety test(s),
including the following voluntary field sobriety tests:
horizontal gaze nystagmus (HGN); walk and turn; one leg stand;
finger to nose; finger count; recite the alphabet; recite
numbers; any written test.
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If you ignore my
wishes as they are stated herein and verbally request and/or
coerce me to perform any of the aforementioned tests, I shall
not be performing said tests willfully and voluntarily, rather,
I will be doing so to avoid a confrontation with you. As Arizona
law does not require it, I will not submit to a preliminary
breath test.
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Pursuant to the
Arizona Implied Consent Statute, I will consent to submit to
test(s) of my breath and/or bodily fluids provided that you
inform me that I am under arrest; that the test(s) I am directed
to complete are properly conducted; and, that all test(s) are in
compliance with all relevant Arizona Statutes and DHS
regulations. However, since I maintain that you do not have
sufficient legal cause to make this request my consent is given
under protest.
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I do not waive any
deficiencies in the nature in which you advise me, or in any
procedure that you follow. I consent only to chemical test(s)
with testing devices which are pre-approved by DHS, and if all
pre-test protocol is observed. Otherwise, my consent is not
voluntary.
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I request that I be
provided with copies of all documentation concerning the
chemical test(s) including a written copy of all test results,
including any result that does not conform with standard pretest
protocol and any result which is considered by you to be
invalid, or deficient, or inconclusive.
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Pursuant to my
Constitutional right to confront witnesses and evidence that may
be used against me I hereby request that during the test(s) that
I be able to view any digital, analog, or numeric gauge or
readout on the breath testing machine.
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If a blood, urine,
or saliva test is utilized, I hereby request that a sufficient
sample of said bodily fluid be collected and properly sealed,
preserved, and stored so that an independent analysis of it may
be conducted at later date.
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After testing of my
breath or any other bodily fluid, if you decide to charge me
with any offense relating to driving under the influence or
driving with a BAC of .08 or greater, then I hereby request to
be transported to the nearest available medical facility which
will conduct an independent test as soon as possible. I will
make my own financial arrangements upon arrival of said facility
and I will select the type of test I want. If I deem it
feasible, I will inform you that I wish to be transported to my
own physician or medical provider so that I may obtain an
independent test. If I inform you as such, then I specifically
request immediate access to a phone and a phone directory to
make the appropriate arrangements. This request is not withdrawn
if you instruct me to submit to more than one test.
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I object to a search
of my person, my motor vehicle, or any of my other property at
any time without my written consent.
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In the event that I
make a voluntary verbal or written statement which is contrary
to the statements made herein, I hereby specifically inform you
that all uncontradicted statements made herein are not waived.
Please respect my wishes as they are stated herein.
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Important Note:
This Driver's Rights card is not intended to aid impaired drivers in
evading punishment. It is intended to help educate members of the
Arizona motoring public of their legal rights, and, it may also aid
some drivers in exercising their rights.
Use of this card
may not be appropriate for some drivers, including but not limited
to the following:
> drivers who
are licensed to drive by a State other than Arizona;
> drivers who
have been involved in a collision, especially if serious injury or
death has occurred.
If you do not
understand any part of the statements in this Driver's Rights Card
then do not use it. Even if you think that you completely understand
everything contained within the Driver's Rights Card you should
consult with an attorney before attempting to use it in a roadside
situation.
This card will
not prevent impaired drivers from being arrested or prosecuted.
If you refuse to
successfully complete a chemical test(s) of your breath or other
bodily fluid pursuant the Arizona Implied Consent Statute, you may
suffer a suspension of your driving privileges for a period of at least
one year.
The best defense is abstinence. Do not drink and drive.
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