unlawful traffic stop

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Latest post 05-04-2012 1:27 PM by lawbuff. 9 replies.
  • 04-12-2012 8:31 PM

    • B DOGG
      Consumer
    • Not Ranked
    • Joined on 04-12-2012
    • GA
    • Posts 1

    unlawful traffic stop

    I was leaving my daughter's soccer game and spotted a cop parked off the road. He followed me a 1/2 mile then hit his lights. I was in complete compliance with all traffic codes. I was approaching a stop sign at R.R. x-ing and disregarded it to pull into a dirt drive for the traffic stop. The cop began asking me about alcohol consumption.  I realized then that my ex wife who was also at the game called to report that  i had been drinking and thats why cop was there and followed my car. anyway I didn't give the cop a legal reason to stop me and admitted to having a beer before the game in my car while parked at ex- wife's house and showed him the empty bottle that I failed to properly discard.  Well, that's all he needed to conclude that I was D.U.I. B.S!!!  I politley refused his request for a breath sample and did perform for him S.F.S.T. He aressted me for D.U.I., open container and failure to stop for stop sign. I contested D.L. suspension and won that case. I plead not guilty at arraignment. I filed a discovery motion and only received the cop's side of events. I appreciate he did not make up a legal violation to stop me. however, he falsified our true location of the beginning of pursuit. Anyway, I am going to a suppression hearing for which I filed for in just two days and I hope the Judge will throw out this B.S. that lacks any real evidence and which began with an illegal traffic stop.

  • 04-12-2012 8:37 PM In reply to

    Re: unlawful traffic stop

    B DOGG:
    I realized then that my ex wife who was also at the game called to report that  i had been drinking and thats why cop was there and followed my car. anyway I didn't give the cop a legal reason to stop me

    Your driving didn't but her call to the cops did give him a legitimate reason to pull you over.  The officer had probable cause based upon a citizen report of alcohol consumption by someone who was driving.  I'd suggest you consult counsel.

  • 04-12-2012 8:47 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,609

    Re: unlawful traffic stop

    B DOGG:
    I realized then that my ex wife who was also at the game called to report that  i had been drinking

    There's your reason.  Would it be any different if another parent at the game had called on you?  Nope.  Sounds about right to me.

    B DOGG:
    I plead not guilty at arraignment. I filed a discovery motion and only received the cop's side of events.

    Besides your version and the cop's, what other side was there?

    B DOGG:
    I am going to a suppression hearing for which I filed for in just two days and I hope the Judge will throw out this B.S. that lacks any real evidence and which began with an illegal traffic stop.
     

    Wish in one hand and spit in the other and see which one fills up first.  Nothing illegal about the stop from what you described and plenty of evidence starting with a citizen's report, open container that you provider, FSTs, etc. 

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-12-2012 8:52 PM In reply to

    Re: unlawful traffic stop

    B DOGG:
    admitted to having a beer before the game in my car while parked at ex- wife's house and showed him the empty bottle that I failed to properly discard. 

    In other words, you had the right to remain silent, but not the ability.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-13-2012 12:53 AM In reply to

    Re: unlawful traffic stop

    B DOGG:
    I realized then that my ex wife who was also at the game called to report that  i had been drinking and thats why cop was there and followed my car.

    That's all the cop needs for the reasonable suspicion needed to make the stop and investigate. It's not a high standard; the cop just needs some reason to believe you may have committed a crime. The statement of a witness that told the police that you had been drinking and then got in your car to drive meets that standard. Once the cop made the stop, he needed probable cause to make the arrest. Your statement confirming the drinking helped, but in general the cop either needed to get evidence that your blood alcohol concentration was .08% or greater or evidence of impairment. If you failed the FST and/or showed other signs of impairment, that would be enough. Again, probable cause is not a very high standard. At trial, the state would need to prove the case beyond a reasonable doubt. That's where the high standard applies.

    B DOGG:
    Anyway, I am going to a suppression hearing for which I filed for in just two days and I hope the Judge will throw out this B.S. that lacks any real evidence and which began with an illegal traffic stop.

    A motion to suppress what, exactly? Your FST results? Your admission of drinking? The empty beer container? From what you said here, I don't see a good basis for supression any of those things.

    I strongly suggest you see an attorney to represent you. Doing a DUI defense pro se is a good way to end up convicted even if you might have a good defense. You are going up against trained and experienced prosecutors, and unless you have a very good understanding of your state's rules of criminal procedure, rules of evidence, and trial practice, you will be at a distinct disadvantage.

  • 04-20-2012 5:41 PM In reply to

    Re: unlawful traffic stop

    Adjuster Jack,

    That's a Ron White :-)

     

  • 04-20-2012 5:52 PM In reply to

    Re: unlawful traffic stop

    superman1:

    Adjuster Jack,

    That's a Ron White :-)

     

    Yes, it is.

    And it's often quite appropriate here.

    And not the first time I've used it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-20-2012 9:47 PM In reply to

    Re: unlawful traffic stop

  • 04-21-2012 2:20 AM In reply to

    Re: unlawful traffic stop

    A suppression hearing typically is NOT where a judge throws a case out.  In most states's, in misdemeanor prosecutions, judges don't have much leeway at all to throw something out.

    You may not agree with the basis for the stop, but it sounds like it meets the requirement of "reasonable and articulable suspicion" of a crime or traffic violation.  Your ex reported that you had been drinking and were now driving.  As long as that call wasn't anonymous, that is likely sufficient to pull you over in most states.

    The state can attempt to prove an intoxication DUI, but it sounds like they don't have a lot of evidence since you refused to blow.  The state will attempt to use your field tests and your demeanor to show intoxication, as well as anything your ex might testify to at trial.

    Consult an attorney.  The judge is NOT there to do you any favors.

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