CowboyMcCoy
Business is a Boomin
- Messages
- 12,749
- Reaction score
- 235
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.
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.