Failure to Comply with a Police Officer in Arizona: ARS 28-622 click for a free consultation

Posted on September 17, 2025 in assault & violent crimes

In the exercise of their official duties, law enforcement personnel have broad authority to give directions and orders to you. The source of much of this authority comes from Arizona Revised Statutes (ARS) Section 28-622. If you fail to comply with the lawful orders or instructions of a police officer, then you can be charged with a Class 2 misdemeanor offense.

ARS 28-622 is a simply-worded statute that has been the subject of many legal disputes. If you have been charged with failure to comply under this law, Rosenstein Law Group can help you fight the charge and work toward the best possible outcome. 

Call us at (480) 248-7666 to speak with an experienced Arizona criminal defense lawyer for a free initial consultation.

What Does Failure to Comply With a Police Officer Mean?

ARS 28-622 reads as follows:

Failure to comply with police officer; classification

A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.

B. A person who violates this section is guilty of a class 2 misdemeanor.

Sometimes a statute can be complex to understand and apply because of its wording. For ARS 28-622, it is the opposite: the statute’s simplicity has led to doubts about its constitutionality because it is “vague and overbroad” as it is written.

One key area of contention has been regarding the scope of situations the law applies to. This arises from the “invested by law with authority to direct, control, or regulate traffic” language in subsection A of the law.

It can be tempting to interpret this to mean that the law only applies to vehicle-related situations, like traffic stops for driving infractions or suspicion of driving under the influence (DUI). But in practice, the law applies to other contexts as well.

As a general rule, police officers have the inherent lawful authority to direct, control, or regulate traffic. 

So, if a police officer has reasonable suspicion to believe that you are engaged in any unlawful activity, like drug possession or the sale of drugs, trespassing, or shoplifting, then the officer has lawful authority to stop you and ask questions about that activity.

If you attempt to flee or otherwise refuse to comply with the officer’s lawful orders in these situations, you can be charged with a violation of ARS 28-622.

What is a Lawful Order?

ARS 28-622 does not define what a lawful order is. 

Arizona courts have considered the law and have concluded that a lawful order generally includes instructions a law enforcement officer gives you that are authorized by law at the time the officer gives them.

Courts apply a common-sense interpretation here. 

For example, it is lawful for a police officer to tell you that you are not free to leave if you are being questioned about suspected involvement in a criminal act, to take your hands out of your pockets, not to reach inside your purse, not to resist being placed in handcuffs, and/or to exit your vehicle during a traffic stop, to name a few.

If the officer’s orders are arbitrary, capricious, or contrary to law, then the argument exists that these are not lawful orders in the context of failure to obey a peace officer.

Penalties for Failing to Obey a Police Officer

In Arizona, a first-time Class 2 misdemeanor conviction is punishable by up to four months in jail and a fine of up to $750, plus possible additional surcharges that can make the total more than $1,300.

Defenses for Failing to Obey a Police Officer

The way that Arizona courts have interpreted ARS 28-622, police officers have considerable discretion when telling you what to do in cases of reasonable suspicion to stop you or probable cause to make an arrest. Your possible defenses to a charge of failing to obey a police officer are highly dependent on the facts underlying the accusation.

To convict you of failure to obey a police officer, the prosecution must prove each of these four elements beyond a reasonable doubt:

1. The police officer had the proper authority to give you orders under the circumstances.
   
2. The officer’s order or instruction to you was lawful at that time.
   
3. You failed or refused to follow the lawful order or instruction.
   
4. Your failure or refusal to obey the instruction or order was willful.

Common defenses to a failure to obey charge include:

• The officer’s instructions or orders were unlawful.
  
• The officer’s instructions or orders were unclear.
  
• The officer was making a request of you instead of giving you an instruction or order.

Some other defenses may also be available to you that do not directly relate to the failure to obey. This is particularly true if the officer is placing you under arrest.

For example, even if you failed to obey a lawful instruction while being taken into custody, if the arresting officer fails to inform you of your Miranda rights prior to being subjected to questioning while in police custody, and/or violated those rights, can result in the suppression of your statements/admissions from being used against you later in court.

The same applies if, after you have been taken into custody, the police fail to observe your Miranda rights, like continuing to question you after you invoke your right to remain silent or denying you an attorney during custodial questioning.

Have You Been Charged With Failure to Obey a Police Officer?

A Class 2 misdemeanor conviction in Arizona is a serious matter that can affect you even after you complete any time spent in jail and pay all your fines. A misdemeanor conviction will stay on your public record and can make it harder for you to get a job, find a place to live, or obtain loan financing.

If you believe that you have been unfairly or unlawfully charged with failing to obey the instructions or orders of a police officer, your success in having the charge against you dropped or securing an acquittal will usually depend on how well you can raise reasonable doubt about the lawfulness or clarity of the orders or whether your failure to obey them was intentional.

An experienced criminal defense attorney will combine a thorough review of the evidence underlying your arrest with the most persuasive arguments to cast reasonable doubt as to the state’s case. This can lead to reduced charges or even dropped charges during pretrial negotiations, or possibly being found not guilty after trial.

At Rosenstein Law Group, our attorneys have more than a century of combined legal experience in criminal defense, including defending our clients in failure to comply cases. 

For a free initial consultation with one of our experienced criminal defense lawyers, call us at (480) 248-7666 or you can schedule a free consultation and case evaluation by contacting us online.

Just because a police officer accuses you of failing to follow instructions does not mean you are without defense(s). Call Rosenstein Law Group today to discuss your matter further and how we can assist you.