unlawful stop
my daughter was stopped on a five lane highway in the city limts of mount pleasant and the officer said she was driving in the passing lane there were no signs saying slower traffic keep right she asked what she had done and that was his excuse for the stop. she was asked to take the tests for drinking and the brethalizer and she did he did not show her level and she got a dwi they took her drivers license and said she would have to pay to get them back. can this be thrown out because of an unlawful stop?
1 Answer from Attorneys
Re: unlawful stop
Yes, the officer has to have some form of probable cause and/or reasonable suspicion to stop someone on a traffic offense. Moreover, just because he arrested her for DWI, doesn't mean that the tests he gave her were done correctly. Additionally, the Intoxilyzer is not the testing equipment that it is made out to be and screws up more often than you know. Plus, she has fifteen days from the date of her arrest to request a hearing with the Texas Department of Public Safety to try to saver her drivers license from an administrative suspension. You and your daughter need to contact an attorney whose practice emphasizes defending DWI.
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