What is the name of your state (only U.S. law)? South Dakota
A Tyndall, SD town cop pulled my husband over 4 1/2 miles south on hwy 37 which is well out of city limits. He did not follow him from town, just came flying down the highway to catch him. My husband was only going about 40-45 mph then slowed down when he saw a car coming up fast behind him. When my husband reduced his speed to 36 is when the cop turned on his lights to pull him over. His probable cause was that my husband's tail light was not working. However, when they went to the back of the motorcycle, it was on and working. The cop said that he had noticed it earlier in town that it wasn't. Is this enough probable cause to pull someone over when you can clearly see it's working? My husband had, had a few drinks so then he was issued a DUI for the stop, no other charge. Is this something he can fight to have thrown out?
A Tyndall, SD town cop pulled my husband over 4 1/2 miles south on hwy 37 which is well out of city limits. He did not follow him from town, just came flying down the highway to catch him. My husband was only going about 40-45 mph then slowed down when he saw a car coming up fast behind him. When my husband reduced his speed to 36 is when the cop turned on his lights to pull him over. His probable cause was that my husband's tail light was not working. However, when they went to the back of the motorcycle, it was on and working. The cop said that he had noticed it earlier in town that it wasn't. Is this enough probable cause to pull someone over when you can clearly see it's working? My husband had, had a few drinks so then he was issued a DUI for the stop, no other charge. Is this something he can fight to have thrown out?
