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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113480
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am currently going to court on a DUS. I paid my reinstatment

Customer Question

I am currently going to court on a DUS. I paid my reinstatment fees in a small town in ND the money was never sent to the man office and the lady that took my money is no longer with DOT and no one can get ahold of her. She gave me a little receipt (like the ones you get from staples) but I can find it and I paid cash. I have a witness that went with me that day. My ex's mother called me in for driving under suspension, after I picked my son up from her house. The vehicle was not mine and it was not registered to me I drove a friend down to Bismrck that day to have their wisdom teeth pulled and it was his vehicle. The officer pulled behind the vehicle and turned his lights on his exact words were " I received an unanymous call through disptach saying that you were driving wth a suspended license" I handed him my MT license when he came back to the window he told me my ND license was under suspension. he asked if i was aware of this I said no. The caller remained anonymous to dispatch from septemeber 2011 to January 2012 and now all of a sudden a officer ( not the officer that stopped me) seen a report with my name on it and is good friends with my ex's mom went to her house and convinced her to testify against me. There are some shady items in this story just curious what kind of a defense I could have
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
You need to have your attorney subpoena the complaint logs and tapes from dispatch from the date of the stop, which would show whether or not any such call was received. This call would be the probable cause for the stop. If the records do not show any such call was received, this destroys the probable cause for the traffic stop which is grounds to challenge the stop as invalid and have the charge dismissed.


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