If the officer had no probable cause to pull me over can my DWI be dismissed?

Question

My DMV hearing to suspend my license was dimissed because the judge (after seeing the video) agreed with the attorney that there was no prob cause to pull me over. However now we have the criminal case pending. What are the chances that my attorney can use the other judge's ruling to get the case dismissed?

Answer 1

Very likely.  Good luck.

Answer 2

depends.. pc must exist in order to establish a lawful citation or arrest. pc could be anything and may have existed before the video was turned on. however i have seen good attorneys get people out of dui/dwi's

Answer 3

You have some chance of winning this one. The ruling that the officer had no probable cause supports your case in the other hearing. The video is a powerful tool in your defense. Still, probable cause has been stretched to cover many actions on the part of the driver. The officer can cite "erratic driving", which is very subjective. Good luck to you.

Answer 4

You were DRUNK so he obviously had reason to pull you over (you could have been swerving or driving irradically like speeding up and slowng back down, you were drunk at the time you don't know what you were doing)  and most police officers attend a DWI school to learn how to spot drunks on the road!  So no judge in his right mind is going to overturn this ruling.  Bottom line if you don't want a DWI on your record, don't drive drunk!

Answer 5

With a lawyer, anything is possible given the right circumstances.  He would need to argue that any evidence gathered is inadmissable because they had no reason to pull you over in the first place.

DWI laws are tough though, very hard to make things go away