If ther ewas no probable cause to pull my mother over, can her DUI be dismissed?
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If ther ewas no probable cause to pull my mother over, can her DUI be dismissed?
My mother was pulled over for her license plate lights being out. However, when her and the officer walked back to look they were both on. She was then arrested for a DUI. Is there a chance that she can get the DUI dismissed because there was not a reason to pull her over in the first place? They haven’t filed the charges yet because out DA is out of town for the week. She has a driving job and she needs to know if this is something she has a chance at fighting or if she needs to come up with a plan for her life. Everything is riding on this.
Asked on March 5, 2019 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the only evidence came from a stop that should never have been made, then yes, it may be possible to get the case dismissed: if the stop was illegal, the evidence from the stop can be excluded, and if there is no more evidence, the charges should be dismissed (either voluntarily by the state, or by the judge at trial if the state has insufficient evidence to sustain them). Getting evidence excluded from a stop is NOT an easy thing: it takes familiarity with the rules of evidence, with cases applying those rules, an attention to the relevant details, and the ability to argue persuasively. Since so much is riding on the outcome and your mother has a valid-seeming defense, she should hire a criminal defense attorney to represent her and move to exclude the evidence.
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