Legal Question in Traffic Law in Iowa
stops resulting in a DUI
If I was pulled over for ''unsafe starting of a stopped vehicle'' for turning right on red, when the oncoming traffic in both lanes was stopped (the light had just changed) and the tapes show I didn't stop, can the reason for the officer stopping me be thrown out? They couldn't change the reason to failing to stop after the fact, could they?
Similarly, if I was given a warning for ''making an unsafe turn'', making a u-turn where it was legally allowed on a green arrow that turned after I started my left turn, oncoming traffic was stopped at the light, and the officer followed me around the turn before turning on his lights (i.e. before the oncoming traffic had time to move), is that possible to argue that it was either safe or that he didn't cite me for making an unsafe u-turn?
1 Answer from Attorneys
Re: stops resulting in a DUI
The charges won't get thrown out but it sounds like your argument is lack of reasonable cause to stop. You can argue it.
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