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Accused of 23111 VC - Throwing Lit Cigarette out of Moving vehicle

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agnl

Junior Member
So earlier today I was pulled over and Accused of VC 23111.
Hypothetically, could I not come before a judge and ask "Where is the evidence that I threw a lit cigarette out of my car? Couldn't it have come from a car in front of me? It was night and the police's vision was impaired." Since there is a lack of evidence could I get the case dismissed?
Help me out here, thanks everyone, and sorry for the lack of a introduction post, I just need some quick help here.
 


Handcoc

Member
VC 23111 lists cigs but also lists other items. You could ask the officer if he knew with certainty that it was a cig. Unless he stopped and picked it up, he would say no...and then argue that the catch all phases are too vague.

I doubt you would win ... even in appellate court its not an easy win.

As to his vision? He will testify that he could see it ... thats all that is going to be required.

Its a losing case for you.
 

CdwJava

Senior Member
So earlier today I was pulled over and Accused of VC 23111.
Hypothetically, could I not come before a judge and ask "Where is the evidence that I threw a lit cigarette out of my car?
You can say anything you want, but if the officer says he saw what he believed to be a cigarette being tossed from your car, that is likely to meet the level of articulable, reasonable suspicion necessary to lawfully detain you (i.e. to make the traffic stop).

Couldn't it have come from a car in front of me? It was night and the police's vision was impaired." Since there is a lack of evidence could I get the case dismissed?
Your attorney can try to make a motion to dismiss, but unless the officer admits that he could not tell if it came from your car a dismissal is unlikely. I suspect he will articulate that he believed it came from your car and that is why he stopped you.

Understand that the reasonable suspicion necessary to pull someone over is a low legal hurdle. If this is the only thing you have in your corner, you had best consider a plea deal.

But, before you do ANYTHING, you had best consult legal counsel. The two most common ways to beat a DUI is to successfully challenge the stop (the detention) or the probable cause for the arrest (usually through the evaluation of the SFSTs). If the detention and the arrest are good, then the rest is pretty much a formality. But, a good lawyer MIGHT find some error in the police report that puts the conclusions in question, or some avenue for reasonable doubt in a jury's mind.

So, consult legal counsel.
 

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