Videos/Resources for UpComing Motion to Suppress?

CowboyMcCoy

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Hello all, lawyers and non-lawyers. Disclaimer: This thread is not meant to be or be taken as legal advice.

I have a suppression hearing coming up for a traffic ticket violation. I have too many points on my drivers license not to fight this. So my best bet is winning the motion to suppress hearing, or claiming necessity as a defense later via Texas Penal Code 9.22.

What would you advice in a case where a cop pulled me over for almost causing a wreck? Facts: I was in the center lane. I truck traveling on lane over in the right eastbound land was going to fast and so I hesitated before I decided not to turn in front of the truck. I remained within the parameters of the center lane.

I don't think the cop had probable cause to pull me over since I didn't cause a wreck and I'm arguing it's a violation of my 4th amendment at a Suppression Hearing.

At first, the cop says he is pulling me over for almost causing a wreck. I tied that in with the only statute that fits the category--reckless driving. I'm not going to post too much of the same details because I don't want him to search the cases I referenced, etc. But my argument is they didn't measure how I almost caused a wreck and no measurement device was used to determine I almost caused a wreck.

I also argue that the question is whether a reasonable cop would have pulled me over.

I also have the motion drawn up if anyone would like to see it. I'm using many avenues to prepare and defended myself pro se before. I have just never tried a case. I hire someone for that if it comes to it.

If you would like to see the motion and my argument more in-depth, PM me. I could use some brainstorming, etc. I'm using many resources to prepare and I always find this one to be helpful group of thinking people--most of the time.

Again, I'm most concerned with the line of questioning. And again, this is not taken as legal advice.
 

Denim Chicken

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What did he write on your summons 'reckless driving' or 'almost causing a wreck'?
 

CowboyMcCoy

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Denim Chicken;4618246 said:
What did he write on your summons 'reckless driving' or 'almost causing a wreck'?

Nothing about reckless driving. I got cited for a municipal court violation, for an expired license and no insurance, which I was going to get, but I had to go to court that day to represent myself against a DWLI charge. Otherwise I wouldn't have been driving in Williamson County. By the time my court date rolled around, the suspension had expired and I had payed my fines.... So, I'm trying to get that thrown out. Because the video clearly shows I never left the center lane.

Also, the cop was not in a position to see the inspection sticker on the car I bought two days prior was expired. He didn't cite me for that, but claim that's why he pulled me over at the end...he points to it. But initially he was saying he pulled me over for almost causing a wreck.

I got this dude. My motion makes sense. I just like to get my arguments in writing. Later on, if the motion is not granted, I still have a good argument for a jury. But that's for another thread.

Edit: I don't have the ticket, which I will request a copy at court from the prosecutor. But he may have written he stopped me for expired inspection, but that doesn't hold up. Because no way he could have seen that from where he was and my window is darkly tinted. I have the video. He never says anything about that until 5 minutes later. He pulled me over for swerving. And then stopping. If anything, I avoided a wreck by paying attention to the fact that guy was going too fast.
 
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