QUESTION
I recently got a DWI and I don't believe the stop had viable cause.
Asked on Dec 31st, 2013 on DUI/DWI - Texas
More details to this question:
I was traveling down a county road (around 11:30 pm), I had stopped briefly (a few seconds) to finish a conversation with my girlfriend, after we had finished we continued and approximately 2 tenths of a mile later we were pulled over by game wardens. Said I was behaving as spot lighters do. I was in a geo metro, a vehicle hardly big enough for a rifle or any long berrel weapon for that matter. Section 545.301-545.302 says nothing about what I did being illegal, as long as they're was a visual of my vehicle for 200' of either side and that there was still room for traffic to pass. I'm wondering if I have a decent argument and if it be possible to have my ticket thrown out. Also for advice on how else to better my argument.
1 ANSWER
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Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction.
Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties.
Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail.
So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.
Answered on Dec 31st, 2013 at 3:26 PM