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 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
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
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.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing
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