QUESTION
Can I fight a DUI if the reason I was pulled over was invalid?
Asked on Jan 31st, 2013 on DUI/DWI - Utah
More details to this question:
I turned on my left blinker. My blinker had a grounding problem so it only blinked once. I then got pulled over for not using my blinker. The I was arrested for DUI .12 BAC. I did use my blinker so that makes the original cause for stop invalid.
11 ANSWERS
John J. Carney
Your lawyer can run a suppression hearing on the predicate to pull you over but the officer will come up with some traffic infraction giving him the right to stop the vehicle. Once he has the right to stop you the probable cause to arrest you will come from his observations. he arrest will be held to be legal and the evidence will not be suppressed unless the officer admits that he pulled you over for no reason at all.
Answered on Feb 20th, 2013 at 9:30 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If your blinker has a grounding problem and didn't work, the initial stop was valid. The fact that you turned it on doesn't matter.
Answered on Feb 06th, 2013 at 2:59 AM
Michael J. Breczinski
But the blinker was malfunctioning so did it really work? That would be the issue whether you should have been pulled over.
Answered on Feb 06th, 2013 at 2:30 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the stop was not proper this may be a valid defense.
Answered on Feb 06th, 2013 at 2:12 AM
Jeffrey Bradpiece
Nice try. The failure of your blinker resulted in it not working. The stop was,based on the facts as presented, a good stop.
Answered on Feb 04th, 2013 at 11:30 PM
3 Awards
The turn signal law is strict liability, meaning that the police do not have to prove your intent. Your intent to use the signal (or your attempt) is not a defense. The fact that the signal was not properly displayed is the only thing that matters for the stop. In fact, the police only have to prove a reasonable suspicion that you committed an offense (or probable cause, depending how you read the law) to stop you. They do not have to prove beyond a reasonable doubt that you failed to signal to stop you.
Answered on Feb 04th, 2013 at 11:28 PM
Of course you can. You need to hire a DUI specialist to file a 1538.5 motion in court. And you better do it soon because you have only 10 days to save your license.
Answered on Feb 04th, 2013 at 10:27 PM
By your own statement, your vehicle had defective equipment which may have justified the stop. That is why you use an attorney to speak for you so your statements cannot be used against you. You should hire a competent DUI attorney to properly advise you.
Answered on Feb 04th, 2013 at 9:18 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In general, if the police did not have 'reasonable suspicion' that you were committing an offense, or had just committed one, or were on your way to commit one, they may not stop you. However, having a defective turn signal is a (minor) violation of the traffic laws. The question is what the cop could see, not what was happening in the internal wiring of your car. You could try it, but it probably would not work.
Answered on Feb 04th, 2013 at 9:17 PM
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The officer CAN stop you for this problem. You need to hire an attorney to help you with this charge. If this is an Eastern WA state case contact me.
Answered on Feb 04th, 2013 at 9:15 PM
1 Award
It's possible a judge will suppress the evidence, but if the officer was not able to see your blinker, then the reason for pulling you over may be valid. That does not mean that the evidence cannot be suppressed. There may be other reasons. You should take your case to a lawyer to see if you have a reasonable chance of fighting it.
Answered on Feb 04th, 2013 at 9:10 PM