No probable cause? Dui stop on motorcycle

[Tron88]

What is the name of your state (only U.S. law)? Minnesota


(The cop was sitting outside the bar in his vehicle undercover in the dark)

Got pulled over last week, when I asked the reason why, he gave me 3 in this order

No brake light

No turn signals

"Wobbled from stop sign take off"

After he told me that, I said that's strange, I depressed my brake levers and brake light was working perfectly, officer agreed (shown on dash cam too)

I explained that hand turn signals are perfectly legal at night rather than blinkers, MN state law says hand signals are perfectly legal during day or night (which I used), nor does my bike have them since it's a 1971 honda trail 70 and back then motorcycles never had blinkers. He told me I was incorecct and needed them at night, I went back and forth a little bit then conceded. The next day I looked it up in mn law book and I was 100% correct. I have the statute and everything printed.

Then there is of course the "wobbling" - I never left my lane and motorcycles have full use of the lane, did not cross fog line or center line, and I weigh 210 lbs sitting on a bike that ways at most 150-200lbs- needles to say its tiny, think of the movie dumb and dumber

I never lost control of bike etc

Did this officer have any probable cause whatsoever?

 

[HighwayMan]

What is your issue? Were you arrested?

 

[Tron88]

What is your issue? Were you arrested?

Yes arrested, DUI

 

[TigerD]

No way to answer that without more information that you probably don't have. It doesn't matter what the officer told you - all that matters is what is in his report and what he testifies to. The judge will make the decision regarding if the stop is good.

You need a lawyer.

DC

 

[CdwJava]

Did this officer have any probable cause whatsoever?

The officer does not need "probable cause" to affect a detention, only reasonable suspicion to believe that criminal activity "may" be "afoot." This is low level of proof.

Your attorney might be able to make hay out of the video to justify no RS for the contact, but, in the best of circumstances that's not always enough to get the stop dismissed absent a clear lack of good cause.

Contact an attorney ASAP.

 

[Tron88]

I'm meeting with a well known attorney tomorrow. Prob will hire him

I just can't see what is justifiable in what I did wrong to allow him to pull me over to begin with. My wife was directly behind be the entire time as well....

I took a rt out of the lot, drove 100ft to stop sign, complete stop- uphill stop by the way, prob only drove 15 mph to get there, drove straight to next stop, wife still behind me, hand signaled before getting there, stopped, turned left. Cop comes up parallel with my wife now at sign, cuts her off and proceeds to hunt me down, 1/4 mile later, pulled over

Then my wife circles back, they pull her over, don't ask for her name or license, make her take a field test, fails it, blows all ZEROS, then cop tells her that "her balance sucks" lets her go. They still never got her name or ID!!!

 

[LeeHarveyBlotto]

Did you blow? What was the magic number?

 

[HighwayMan]

People who are intoxicated do not have a good sense of their own actions and what's going on around them. Your view of the events may be very different than a sober, objective person's view of your scenario.

 

[Tron88]

.15

To me sounds like there is probable cause- still not sure why, if the officer is wrong about the turn signal law, and my brake lights worked, my wife was directly behind me, and they pull her over with no reason she blows zero, what the heck is there for me to worry about? Yes I'm getting an attorney, but to me in my heart, it just feels that's just not good enough.

 

[CdwJava]

What the officer TOLD you will not matter nearly so much as what he tells the court. And all because you have no idea why your wife was stopped also does not mean they had no reason to pull her over.

Your attorney might be able to move for a suppression, but, it's probably a longshot and if that fails, you will either have to mount a very expensive defense, or, seek a plea.

If nothing else, you were clearly a risk to yourself and others at .15 and - hopefully - you will have learned something about imbibing and driving as a result of this experience.

 

[Tron88]

I called the clerk at the pd. report omitted the brakelight reasoning, turn signal reason is on it -even thou in mn it's legal for hand turns at night, and erratic driving....

 

[Zigner]

I called the clerk at the pd. report omitted the brakelight reasoning, turn signal reason is on it -even thou in mn it's legal for hand turns at night, and erratic driving....

How do you intend to overcome the "erratic driving"? I understand that you don't feel you were driving erratically, but I also understand that you blew a .15. Your opinion of your driving isn't going to count for much.

ETA: If he didn't see your hand signals or if they weren't clear (maybe because you were at nearly twice the per se limit for intoxication) then there is RS for the stop.

 

[Tron88]

How do you intend to overcome the "erratic driving"? I understand that you don't feel you were driving erratically, but I also understand that you blew a .15. Your opinion of your driving isn't going to count for much.

ETA: If he didn't see your hand signals or if they weren't clear (maybe because you were at nearly twice the per se limit for intoxication) then there is RS for the stop.

I agree .15 is high!

In motorcycle law book for mn says "be flexible in your lane when driving at night, change to whatever potion of the lane is best able to help you see, be seen and keep adequate distance" I did not go over center line, or fogline.

He said my hand signal did not suffice and blinkers are needed in mn at night which is false, indicating he saw my hand signal. Mn statute "motorcyclists may use hand signals" 169.1 subd 7,8 also "turn signals or hand signals must be visible 100 feet to front and rear during daytime or nighttime. The intersection (large 5-way) was completely lit, wife directly behind me as witness and sober.

But I suppose it's all uphill since I'm .15, I just don't see the cause to get pulled over and neither does my wife who was there. The officer just doesn't know the blinker law, he said when I tried to explain I don't need blinkers this response "I'm not aware of that or ever heard of that" which should be in the audio because after he said that I asked if this is being recorded, he said yes

 

[Zigner]

Your failure to accept the consequences (and possible consequences) of your actions is appalling to me.

 

[Just Blue]

I agree .15 is high!

In motorcycle law book for mn says "be flexible in your lane when driving at night, change to whatever potion of the lane is best able to help you see, be seen and keep adequate distance" I did not go over center line, or fogline.

He said my hand signal did not suffice and blinkers are needed in mn at night which is false, indicating he saw my hand signal. Mn statute "motorcyclists may use hand signals" 169.1 subd 7,8 also "turn signals or hand signals must be visible 100 feet to front and rear during daytime or nighttime. The intersection (large 5-way) was completely lit, wife directly behind me as witness and sober.

But I suppose it's all uphill since I'm .15, I just don't see the cause to get pulled over and neither does my wife who was there. The officer just doesn't know the blinker law, he said when I tried to explain I don't need blinkers this response "I'm not aware of that or ever heard of that" which should be in the audio because after he said that I asked if this is being recorded, he said yes

Wow. Just wow. .15 and you still think it was a bad call by the officer.