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Can I get my suspended driver license ticket dismissed if the reason for stop was suspicious driving?

Flower Mound, TX |
Attorney answers 2

Posted

Everyone is presumed not guilty so there is always a possibility of getting any case dismissed. Driving suspiciously is not a crime, therefore if that is what the officer wrote in his report (and would maintain), then he had no probable cause or reasonable suspicion to stop you. If your license is suspended, then what happens to the case, and to the future of your license, depends on the basis of the suspension.

In Texas (as in most states, I believe), driving is considered to be a privilege, not a right. As such, it can be taken away in many instances (conviction for DWI in many cases, conviction for drug cases, convictions for no insurance, etc.) You must talk to someone with the Texas Department of Public Safety (DPS) to determine what you must do to avoid this situation in the future. In some instances you will be required to take a special course, while in others it is a matter of time and/or paying a surcharge.

Posted

Everyone is presumed not guilty so there is always a possibility of getting any case dismissed. Driving suspiciously is not a crime, therefore if that is what the officer wrote in his report (and would maintain), then he had no probable cause or reasonable suspicion to stop you. If your license is suspended, then what happens to the case, and to the future of your license, depends on the basis of the suspension.

In Texas (as in most states, I believe), driving is considered to be a privilege, not a right. As such, it can be taken away in many instances (conviction for DWI in many cases, conviction for drug cases, convictions for no insurance, etc.) You must talk to someone with the Texas Department of Public Safety (DPS) to determine what you must do to avoid this situation in the future. In some instances you will be required to take a special course, while in others it is a matter of time and/or paying a surcharge.