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So exactly what can I do for you when I say that there are quite a few defense tactics?
Let me show you what I mean through actual examples.
I had a client who was stopped for no license plate lamp. I prepared and filed a motion to suppress alleging that the stop was illegal and with reasonable suspicion or probable cause. At trial I was able to get the officer to admit that he was travelling about thirty miles per hour (the speed limit involved) and was not following my client too closely but was safely behind him at least three car lengths. Using data from Ford I obtained on the internet, I got the officer to admit that his patrol car , a Ford Crown Victoria, is at least 20 feet in length and he was therefore at least 60 feet behind my client when he initiated a traffic stop. This meant that he initiated the stop before he was close enough to see if my client was indeed committing the offense for which he stopped my client. See, the Transportation Code only requires that a rear license plate be illuminated to make it legible for a distance of 50 feet. The judge agreed the stop was illegal and without probable cause and threw the case out.
I have won other such cases where officers claimed my client was driving erratically but testimony showed the client was driving properly and it was the officer's driving which necessitated my client's movements.
I have had many cases where officers have claimed a traffic violation but on cross examination I have been able to show that there actually was no violation, resulting in the judge throwing those cases out as well.
I have also won cases by showing to the court that the information the officer had was insufficient to show that my client was the person being reported to the police for drunken driving. Other cases have been thrown out because the person giving the information was anonymous or unreliable.
In many cases I have been able to show that after stopping my client, talking with them, and even having the client perform sobriety tests, that the officer had not developed probable cause and the subsequent arrest and request to submit to a breath or blood test was therefore illegal, again causing the case to be thrown out. Home | Recent Cases | DWI FAQS | Attorney Fees | Survival Tips | DWI Case Evaluation
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