Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Can You Have a DUI Thrown Out

    My question involves criminal law for the state of: Washington

    Can a dui charge be thrown out because they said they pulled you over for speeding and smelled alcohol. Come to find out I was traveling from a hwy with 70 MPH speed limit and turned on a ramp that transfered me to another HWY that did not have any indicators that the speed had changed until after the location he pulled me over. He got me for 72 in a 60.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can You Have a DUI Thrown Out

    No. That would be a valid stop. Just because you get pulled over in a gap between posted signs.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Can You Have a DUI Thrown Out

    But I wasnt doing anything wrong correct. It was leagal for me to be travelling that speed at the location. I could see it if I passed the sign and didnt slow down but he did not do that. I did not know I had to slow down. So they could sit there and pull everyone over according to what you are telling me.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can You Have a DUI Thrown Out

    Wait for the cop to get on the board. You were driving too fast for the road travelled. That's a valid stop. Just becasue you merged onto a second highway does not absolve you of speeding. The speed limit changed and you were going too fast. You just got stopped in between signs.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,496

    Default Re: Can You Have a DUI Thrown Out

    A lot depends on the articulated reasonable suspicion for the stop. If the officer made the stop based upon a reasonable presumption of the speed limit, then this stop may well be valid.

    Also, if you were going 72 that is still over the 70 limit.

    You an always try to raise this a defense, but it may not fly. And since you are battling a DUI you had best do so with the aid of an attorney. If this is a realistic possibility, then your attorney should be able to advise you best how to proceed.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Aug 2011
    Posts
    5

    Default Re: Can You Have a DUI Thrown Out

    Quote Quoting pvanhorn
    View Post
    My question involves criminal law for the state of: Washington

    Can a dui charge be thrown out because they said they pulled you over for speeding and smelled alcohol. Come to find out I was traveling from a hwy with 70 MPH speed limit and turned on a ramp that transfered me to another HWY that did not have any indicators that the speed had changed until after the location he pulled me over. He got me for 72 in a 60.
    I suggest that you talk to a DUI Lawyer about it for your better understanding on your case.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Thrown Drink Assault
    By jklo in forum Criminal Charges
    Replies: 9
    Last Post: 08-02-2010, 10:07 PM
  2. Theft and Larceny: Could My Case Be Thrown Out
    By JuniorsMommy in forum Criminal Charges
    Replies: 1
    Last Post: 08-24-2009, 10:31 AM
  3. Traffic Lane Violations: Anything I Can Do to Get This Thrown Out
    By SPilon in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-13-2009, 06:24 PM
  4. Emancipation: Thrown out of the house
    By defined_dope in forum Juvenile Law
    Replies: 3
    Last Post: 11-07-2006, 10:59 PM
  5. Emancipation: Thrown Out Of The House
    By dragon00235 in forum Juvenile Law
    Replies: 2
    Last Post: 09-05-2006, 03:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources