I got pulled over and received a dwi. The officer said he pulled me over for not making a turn signal like 4 turns before he pulled me over. If he does not have this on video can do I have a good shot of getting out of the dwi or getting it reduced to a careless or reckless driving?
2 Answers from Attorneys
If police have no "reasonable, articulable suspicion" (RAS) to justifiy a Fourth Amendment seizure, such as a traffic stop, then a judge will suppress all evidence derived from the constitutional law violation, after an appropriate defense motion and hearing. If the police officer's sole reason for the stop was the alleged failure to signal a turn appropriately, and if the squad video fails to corroborate that claim, then a judge would be likely to rule the stop illegal and dismiss all charges. If there is no squad video, then it would come down to what the judge believes has been proven.
It is possible to challenge this stop, although it's unlikely to get the charges thrown out. Getting the offense reduced to a careless can be possible in some situations, but there are not enough details in your question to give you any opinion on this.
I would strongly suggest you find and meet with a criminal defense attorney that can review your case and help you out.
This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact us at your earliest convenience.
If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077
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