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  #1  
Old 09-14-2005, 01:06 PM
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Do I have a case?

What is the name of your state?PA

I was arrested for DUI, first time offense, never been in trouble, no accidents 3 tickets in my entire driving career. I was pulled over with 3 witnesses in the car for one tail light being brighter than the other. When I recieved my citation in the mail the reason on my paperwork stated that I was driving outside my lane which is completely untrue. I asked why I was being pulled over twice and twice I was told for my light being brighter. I have 3 witnesses to why I was being pulled over, do I have a case?
  #2  
Old 09-14-2005, 01:16 PM
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IAAL? I'd like to nominate this!!!
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

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  #3  
Old 09-14-2005, 02:28 PM
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BigMistakeFl

Sorry PA, but your post is incoherent. If you were charged with DUI you need to consider the evidence that will be used in the case against you. You might want to post that stuff in here to get a response. That includes probable cause to arrest you and proof that you were impaired at the time. The tail light doesn't matter.
  #4  
Old 09-14-2005, 03:53 PM
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There is not generally a legal requirement to tell you why you are being pulled over. The officer will have to justify good cause for the detention in court to establish a valid detention that led to the DUI. It could be that he observed a couple of different things and decided not to mention the taillight issue.

Or, he could be covering his tail because he found out that having a brighter taillight is not an offense (unless he could articulate a short in the electrical system and maybe a brake light staying lit).

Speak to your attorney.

- Carl
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  #5  
Old 09-14-2005, 04:30 PM
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Quote:
Originally Posted by CdwJava
There is not generally a legal requirement to tell you why you are being pulled over. The officer will have to justify good cause for the detention in court to establish a valid detention that led to the DUI. It could be that he observed a couple of different things and decided not to mention the taillight issue.

Or, he could be covering his tail because he found out that having a brighter taillight is not an offense (unless he could articulate a short in the electrical system and maybe a brake light staying lit).

Speak to your attorney.

- Carl
Carl? How will this get him out of the DUI?
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #6  
Old 09-14-2005, 06:14 PM
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Join Date: Feb 2003
Location: Mexifornia
Posts: 1,314

Case of the Ass?

I was once pulled over because the officer thought that no one was driving the car. So? It dose not matter much what the officer tells you, only what he writes or says in court.


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  #7  
Old 09-14-2005, 07:23 PM
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Quote:
Originally Posted by --PARIDISE--
Carl? How will this get him out of the DUI?
No probable cause for the stop would mean no DUI because any evidence discovered during the unlawful detention would be thrown out.

- Carl
__________________
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And a croissant!"

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....author unknown
  #8  
Old 09-15-2005, 04:55 AM
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The officer has to show he had a reasonable, articuable suspicion that a criminal offense (usu. a traffic vio.) occurred in order to support the stop.

If it was a 'bad stop', the entire charge will be dismissed.
  #9  
Old 09-15-2005, 09:31 AM
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That is what I thought!

If the reason was good enough to pull me over with, why then did he (the officer) lie on my paperwork...and then give me a citation on top of it! I was pulled over for one of my tail lights being brighter than the other....my paperwork said I was pulled over because I was driving outside my lane, which is completely untrue. Now if I was by myself I think I would be screwed...but I had three passengers with me and they all heard the officer tell me that it was because of my light I was being pulled over. All the lights were working mind you, one was just brighter than the other....I do not believe this is a reason to pull me over and obviously in hind sight he didn't either because my papework says nothing about my lights...so with three witnesses and paperwork from Toyota...I got my lights fixed right after the incident which further supports my claim....Does anyone think I have a case? I am scared to death! I truly thought I was able to drive and I certainly was not driving outside my lane! I could drive that well driven road blindfolded....Please give me some hope.....
  #10  
Old 09-15-2005, 10:06 AM
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There is no hope in being a dope.
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