Legal Question in Criminal Law in Texas
I got pull over in texas, the officer states in the report that I had both hands on my phone looking down texting nearly striking the vehicle in front of me. I requested the video I had one hand on the steering wheel looking directly in front of me never nearly striking no vehicle. At the time I was in possession of dope and guns could this case be throw out becuase the officer lied on the report?
1 Answer from Attorneys
Not likely. It could be that at some point, even if it is not on video, you at least briefly did what the officer said. If that is absolutely not the case and your entire actions are caught on video, then it becomes a question of whether you were reckless in the manner of operating your vehicle while texting - which would likely support a stop on its own.
Your lawyer will need to review the video as well as all reports and the relevant law and file a motion to suppress.
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