I got pull over for having ice on the rear window when i was moving my around the corner so i wouldnt get a parking ticket and i recieved a dui. That the reason he told me and only reason stated on the police report. Its legal to drive without being able to see out rear window if u have two working side mirrors. Which i did. Do i have a chance to get out of it and would i b able to make them pay for lawer fees since from what i can tell is harassment?
Alcohol & Drugs: DUI, DWI pulled over for no legal reason
- Thread Starter rolands
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Proserpina
Moderator
Where exactly do you see harassment?
army judge
Super Moderator
Yes, the law requires a REASON, and you can bet your sweet patootey; they're CLEVER enough to recite the correct reason when asked.
But in your case,YOU gave them their reason. You drove with your rear window obscured.
But its legal to to drive without being able to see out rear window if u have two working side mirrors.
mightymoose
Moderator
You might easily beat a citation for obstructed view, but your DUI is a different ballgame.
You need legal assistance to minimize the damage. I wouldn't expect to beat it outright.
You need legal assistance to minimize the damage. I wouldn't expect to beat it outright.
army judge
Super Moderator
True, it might be allowed IF you have two, unobstructed rear view mirrors.
But, there is no way an officer could conclude that from 100, 200, or more than 30 feet away.
He was able to conclude your rear window was obstructed.
So, his REASON to stop you is unknown to you at present.
When he does make it known, under oath at your trial, I suspect he'll say he was investigating if you did have two, unobstructed rear view, working mirrors.
Whatever he says, it'll be spot on and will support his decision to stop you.
That said, if you knew you had been drinking enough to blow more than .08, where in the law does it make it LEGAL for you drive (even to move your car a 25 feet to avoid a parking citation) in an intoxicated condition?
No need ti answer, I know the answer.
Your issue isn't the stop, its how can you defend your alcohol blood level above .08?
Plead not guilty, hire a lawyer, or ask the court to appoint a public defender, and spek to no one but your attorney.
Good luck.
Betty3
Well-Known Member
I see no harassment & you will need to pay your own lawyer fees or if you can't afford one, ask the court if they will appoint one for you.
CdwJava
Moderator
What the officer TOLD you, and what the officer will write in his report and testify to may be different things. You may have weaved in your lane, started and stopped suddenly, bumped into the curb, who knows?
The officer needs only reasonable suspicion that criminal activity is "afoot" for him to stop you. He doesn't even need to be correct, only articulate the reasons he had and for a court to agree that they were reasonable.
A DUI defense attorney will tell you that the two best ways to beat a DUI is to (1) challenge the reasonable suspicion for the detention, and, (2) challenge the probable cause for the arrest (which led to the chemical test which would seal your fate). These can be very difficult to beat - particularly the second one.
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