QUESTION
Can I dismiss a DUI case if I can prove that I was within the speeding limit?
Asked on Aug 06th, 2013 on DUI/DWI - Oklahoma
More details to this question:
I got pulled over for apparently speeding doing 58 in a 45 zone but when I went to the area the next day the speed limit was in fact 55?
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You would have o prove that the officer made an illegal traffic stop.
Answered on Aug 26th, 2013 at 9:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There MIGHT be a possible defense for lack of probable cause.
Answered on Aug 08th, 2013 at 5:00 PM
3 miles over the speed limit is still speeding. The police officer needs reasonable suspicion to pull you over, and reasonable suspicion can be that you swerved over the center line, failed to use a turn signal, driving over the speed limit, or any other traffic violation. It's your word against the police officer's word, and the police officer's word has much more credibility in court.
Answered on Aug 08th, 2013 at 5:00 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The cops need to have a reasonable suspicion that you are violating the law to pull you over. If the cop eyeballed the speed, this is a good case to do a motion to suppress based on the cop lacking reasonable suspicion. If the cop is locked in on cross examination that he estimated you were doing 58 in a 45. Then you show that it was 58 in 55 he looks bad. Also, there is case authority for the proposition that while a cop can estimate that you were going 13 miles over the speed limit (easy to see), he cant estimate that you were going 3 miles over the speed limit (hard to detect minute difference in speed).
Answered on Aug 08th, 2013 at 5:00 PM
James Edward Smith
No, just the speeding ticket
Answered on Aug 08th, 2013 at 5:00 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Your still over right?
Answered on Aug 08th, 2013 at 5:00 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Unless I'm missing something 58 is more than 55 which is above the posted limit. You may still be successful in defending your case if the state can't lay a foundation for the speed. You may have other defenses that might be more likely to win your case, you should contact a DUI defense attorney to discuss your case.
Answered on Aug 08th, 2013 at 5:00 PM
So your defense to a speeding charge, which led to a DUI, is that you were in fact speeding, just not speeding as much as the officer said? I do not see that defense going very far.
Answered on Aug 08th, 2013 at 5:00 PM
Michael J. Breczinski
Well that could go to probable cause to stop you in the first place so the answer is MAYBE.
Answered on Aug 08th, 2013 at 5:00 PM