QUESTION

How/When to file for motion to dismiss?

Asked on Apr 19th, 2015 on Drug Crimes - South Carolina
More details to this question:
I was pulled over in Greenville, SC and told I was pulled over for speeding and immediately given an exit order and promptly arrested for simple possession of marijuana. After I was placed under arrest the officer began to search my vehicle very thoroughly and found nothing else. I was taken to Greenville County and was only given a citation for simple possession. Do I have grounds to dismiss based on the fact I was never issued a speeding citation therefore the stop was unwarranted?
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1 ANSWER

Aviation Law Attorney serving Mount Pleasant, SC
2 Awards
The fact that you were not issued a speeding ticket in and of itself is not grounds for dismissal. Grounds for dismissal would be a 4th Amendment violation (illegal search and seizure).
Answered on Apr 21st, 2015 at 5:56 PM

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