Ovi
On Jan 1 I was stopped for stopping at a yellow caution light and turning right, there was a State Trooper at the intersection - his front tires were in the crosswalk - I stopped checked the intersection turned right , he did a u-turn and followed me fro 2.5 blocks I didnot drive left of center miss a stop sign or not signal a left turn. The trooper turned on his lights and I pulled into a parking lot. He asked for my license ect. I complied - I asked what I did? He replied stopped at a yellow light. Then proceeded with the DUI - I refused.
I was charged with a OVI but no traffic violation. My question is how can I be stopped for something and not be charged? The trooper never mentioned after the stop anything more about the traffic violation. Is stopping at a yellow light a legit violation? I was always told to proceed with caution at a yellow light. As I stated his front tires were in the crosswalk - isn't that considered entering the intersection? Wouldn't it be logical to proceed at that point with caution? I really would apreciate any input on this, as I am facing a year suspension.
2 Answers from Attorneys
Re: Ovi
Those facts are worth fighting the DUI. You need to get a lawyer's advice specifically as he compares the police report to what you said. If the officer admits to your story then the battle can be won. The stop may have been illegal and that would dismiss the case.
Re: Ovi
You should immediately retain a knowledgeable DUI/OVI attorney. That attorney would likely file a Motion to Suppress, which can result in a full dismissal of the charges, or a reduction to another type of charge that doesn't carry such significant consequences. You should expect to pay in the neighborhood of $3,000 for the attorney if this is a first offense. If convicted, the long term effects (e.g. increased insurance rates) will likely be several times that fee. Feel free to contact our firm for a free consultation. Expect to spend about an hour, and if nothing else, you will have a much better understanding of the charge you face, its consequences, and the various means with which to attack the charge.
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