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Can my DWI case be dismissed if the officer did not cite me for what he originally pulled me over for? (Texas)

Pharr, TX |
Filed under: DUI DUI defense

I was originally pulled over for speeding and although I had a couple of beers a few hours before he arrested me for DWI. I was never given a citation for the speeding though. Is this grounds to dismiss my case?

Attorney Answers 4

Posted

Not at all. It is actually often that once an officer is going to make an arrest for a criminal offense that they don't cite the lower traffic infraction (though it would be good practice for the officer to do so as it may affect his/her credibility later on).

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Posted

No, this is normal practice

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2 comments

Asker

Posted

Is it also normal practice for my court appointed attorney to not return any of my phone calls? I've been trying him from 2 weeks, and now his secretary is telling me that she hasn't talked to him either... I know this is BS otherwise a missing persons report would be all over the news. I called and told them that I was going to send him a letter and if I hadn't heard from him in 5 days I would file a grievance complaint with the Texas State Bar. I have a court hearing on Aug. 27 and I don't know what to do anymore.

Gene Raymond Beaty

Gene Raymond Beaty

Posted

You must appear on the 27th and ask judge to have attorney withdraw from representing you further-then get a different lawyer if he doesn't show up. He probably will. Many court appointed attorneys don't return client calls. Send him the letter expressing your concerns.

Posted

No, it is not grounds for dismissal; but the officer may be forced to prove that he was justified in making the stop. Unfortunately it is pretty easy for an officer to prove up a speeding stop in most cases.

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Posted

The more crafty officers will give you a warning for the initial traffic violation they claim justified the stop. A warning will protect the officer from what Mr. Lieberman suggests, a later attack on their credibility. However, as the other lawyers said, commonly the traffic offense used to pull you over is ignored since it is simply additional paperwork for the officer to manage.

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