OPINION
The state has appealed from the trial court’s order granting appellee Susanna Lucille Valenzuela’s motion to suppress evidence seized following what it concluded was an illegal arrest. Although we generally review decisions granting or denying a motion to suppress for abuse of discretion,
State v. Carter,
The motion was submitted to the court on the following stipulated facts. Tucson Police Officers Timpf and Wheeler observed Valenzuela making an improper left turn in her vehicle and stopped her shortly thereafter. After asking her to get out of her vehicle, the officers noticed symptoms of intoxication, such as swaying and bloodshot, watery eyes. When asked for her driver’s license, Valenzuela told the officers that it was suspended. She also admitted consuming eight to nine beers that evening. Because it was raining, the officers decided to place Valenzuela under arrest for driving with a suspended license, a class one misdemeanor, A.R.S. § 28-473(A), and to take her to the station for further testing. She was ultimately charged with driving under the influence while her license was suspended and driving with a blood alcohol content of 0.10 or more while *633 her license was suspended, both class four felonies.
Valenzuela filed a motion to suppress, arguing that her arrest was illegal and therefore any evidence obtained thereafter was unlawfully gained. The essence of her argument was that, under A.R.S. § 13-3883, the officers were not authorized to arrest her for driving on a suspended license but could only “stop and detain” her to investigate and cite her for the traffic violation. A.R.S. § 13-3883(B).
1
Valenzuela’s argument was supported by the decision of the United States District Court in
United States v. Ramos,
As the state points out, the district court’s decision in
Ramos
was reversed by the Ninth Circuit,
United States v. Ramos,
[T]he Purcell court could not have determined whether the release of the defendant was permissible without considering, in addition to § 28-1053, the release procedures in both §§ 28-1054 and 13-1422. Finding the statutes at odds, the court determined that the procedures in § 13-1422 were to be applied to traffic offenses. That determination was necessary for the court to reach its decision and, therefore, it was not dictum.
Ramos,
We not only agree with this reasoning, but also the court’s analysis in
Ramos
of the interrelationship between subsections A and B of § 13-3883, notwithstanding our own
dicta
in
Baker v. Clover,
In this case, there is no question that the officers had probable cause to believe that Valenzuela was driving on a suspended license. Under A.R.S. § 13-3883(A)(2), they therefore had authority to arrest her. Because Valenzuela’s arrest was lawful, the trial court erred in granting her motion to suppress.
The order of the trial court is vacated.
Notes
. A.R.S. § 13-3883 provides:
A. A peace officer may, without a warrant, arrest a person if he has probable cause to believe:
1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.
2. A misdemeanor has been committed in his presence and probable cause to believe the person to be arrested has committed the offense.
3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, and that such violation occurred prior to or immediately following such traffic accident.
4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under § 13-3903.
B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer’s presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation. (Footnote omitted.)
