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  1. #1
    Join Date
    Apr 2018
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    Default Can You Get a DWI / Drug Intoxication Charge Reduced

    My question involves criminal law for the state of: Missouri.

    Is there an amendment to a DWI drug intoxication ticket available to prevent the loss of my LPN license.

    It is my first offense and I was told they pulled me over for a tail light being out. So I ask them which one it was so I could get it fixed he told me the driver side. It wasn't out when I looked at it later.

  2. #2
    Join Date
    Sep 2005
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    California
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    20,269

    Default Re: Dwi/Drug Intoxication Ticket

    If you intend to make an argument that the officers lied about the reasonable suspicion for the stop, you will certainly need the assistance of an attorney. Though, showing that the light was NOT out, or NOT flickering or otherwise failing to operate correctly at the time of the stop, will be tough. In general, there will be a presumption that the officer has no motive to make up a reason to stop you. There might be some other facts that could reasonably lead one to that conclusion, but, in general,there's no reason for them to lie to stop you.
    **********
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  3. #3
    Join Date
    Mar 2018
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    266

    Default Re: Dwi/Drug Intoxication Ticket

    If there's a video recording of the stop (from the police car), it might show whether the tail light was out or not.

  4. #4
    Join Date
    Sep 2010
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    18,827

    Default Re: Dwi/Drug Intoxication Ticket

    Further "what you were told" is 100% immaterial. Your attorney will certainly see what the officer will use as his reason for the stop. While he has to have an articulable, reasonable belief an offense has been committed, nothing requires him to articulate it during the stop.

  5. #5
    Join Date
    May 2017
    Location
    Florida
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    355

    Default Re: Dwi/Drug Intoxication Ticket

    Hire a lawyer. This is not a do-it-yourself situation by any means.

  6. #6
    Join Date
    Oct 2016
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    1,116

    Default Re: Dwi/Drug Intoxication Ticket

    Police officer often tell motorists anything on the side of the road to avoid an argument. What you were told doesn't necessarily mean a thing.

  7. #7
    Join Date
    May 2017
    Location
    Florida
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    355

    Default Re: Dwi/Drug Intoxication Ticket

    Most departments have in-car or body cameras that capture the legal basis for the stop. An attorney will review any video, and police reports, and any other evidence to evaluate whether there was a lawful stop. If not, the evidence may be suppressed. Or, if they don't have cameras your attorney could make an issue of that at any trial. Why in this day and age would they not record the evidence so the jury can see for themselves what happened? A defendant has no ability to preserve evidence, so why didn't the officer / department? That sort of defense can be very effective.

    This is why I said it's not a do-it-yourself situation. You would not have a clue what to look for.

  8. #8
    Join Date
    Sep 2010
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    18,827

    Default Re: Dwi/Drug Intoxication Ticket

    While the camera may produce evidence that indicates the officer may not legitimately have cause for the stop, the officer does not need EVIDENCE for the stop. All he needs is to be able to articulate a reasonable suspicion that an offense had been committed. Those type of suppression things are not made to the jury, anyhow.

    The one true answer is this is NOT a self-help solution. Even if you were Johnny Cochran, you'd be well advised to get an attorney to look at and evaluate things.

  9. #9
    Join Date
    Sep 2005
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    98,832

    Default Re: Dwi/Drug Intoxication Ticket

    Quote Quoting flyingron
    View Post
    While the camera may produce evidence that indicates the officer may not legitimately have cause for the stop, the officer does not need EVIDENCE for the stop. All he needs is to be able to articulate a reasonable suspicion that an offense had been committed.
    If the officer says "I pulled over the vehicle because it's taillight was out", that's generally going to be sufficient even if the motorist argues that the taillight worked after the incident and that the bulb wasn't changed.

    If the officer says that the only reason for the stop was that a taillight was out, and dashboard video shows that the taillight was fully functional at the time of the traffic stop, then that would undermine the officer's argument that the traffic stop was justified.

    Absence of a video is not a defense, and it is unlikely that a court would allow an argument about how the police should have had video to be presented to a jury.

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