DWI Defense Strategy #1.
“Challenging The Motor Vehicle Stop”
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The police officer that pulls you over needs to have a valid reason for stopping your vehicle. Speeding, failure to maintain lane, a broken head or taillight, and a rear view mirror obstruction are perfectly valid reasons to pull you over. Now these stoppages aren’t always cut and dry.
For example, if the officer thinks that you were speeding because it looked like you were going fast, but he has no radar reading, that stoppage can be challenged and potentially thrown out. If the stoppage itself is invalid, then anything the officer discovers afterwards it thrown out. This includes DWI charges, drug possession, gun possession, etc.
Forcing the State to prove probable cause for the stoppage frequently gives us a successful defense or at least a very strong platform to negotiate a plea.
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