I was exiting an interstate at 3:00 a.m. and the officers report stated I made unsafe lane change, actuality I crossed two lanes of traffic with my blinker on, there were no other cars on the road except the officer and he was hundreds of feet behind me he turned on his camera and followed me a quarter of a mile to the intersection where I turned right. The report stated I drifted onto, not over the white line, boaderline on video as the white line was was very faded. from there he followed me for a mile or so, he said I made abrupt stops at stop sign, not evident on video, continued put on blinker and changed lanes to avoid stopped car just fine, turned left into neighborhood and went through three stop signs, said abrupt stops at stop signs, not evident on video, then stopped me.
This needs to be contested in a motion to suppress, because the reason for detention does seem weak. However, there is enough there that the State's Attorney might be successful in defending the stop. Your attorney will need to closely examine the evidence and present if to court effectively, but bottom line, the cop is either lying or he had good reason for the stop. The court is going to be very inclined to believe the cop, so prepare your case very carefully.
The cross-examination of the arresting officer will be key. Make sure you hire an experienced DWI lawyer immediately and timely request your ALR hearing. Through the ALR process you can obtain the police reports AND an excellent opportunity to subpoena the officer to the hearing and question him before he's woodshedded by the prosecutor. Act quickly and good luck.
I handle cases in Hays COunty and I can tell you that this is almost the exact same fact scenario of 2 of my cases. I bet I know the officer involved in your case as this is his M.O. First, the county issue is of no import. As for the driving facts, if it were my case, I would file a motion to suppress the evidence as the officer lacked the requisite reasonable suspicion to pull the vehicle over and engage the driver. If it's the officer I am thinking of, the courts are tired of his antics.
You need an attorney to challenge this and fight for you. Feel free to contact me about your options. While my main office is in Dallas, I am from San Marcos and handle cases there routinely.
I dont think anyone could tell you if the stop was legal based only on your information and without reviewing other things such as the police report, any noted of the encounter, video. etc. Court are inclined to find cops credible, sit down with tna attorney in your area
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