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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110396
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Last night I brought my son to a friends house so he could

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Last night I brought my son to a friends house so he could pay back some money he owed him (or so I was told). Got to the friends house, my son got out the car and went inside, I pulled in the driveway, backed up, turned around and parked in front of the house, I did not get out of the car. My cell phone rang and I answered it and held a conversation, while I was on the phone both my son and his friend came out, they waiting outside my car till I was finished my conversation and then the friend leaned in the car to give me a kiss & hug and we left. We made it about 6 blocks away and out of no where there was a police car behind me with lights a blazing, I signaled to pull over to the right, the police car followed me, so I pulled over to a parking lot and stopped. The policeman came over & told me he stopped me for not using a turn signal, which I even told the policeman, are you sure, I always use my signals. He then proceeded to use his little flashlight and looked in the car front & back with us in the car. I gave the officer my license like he requested, he went to the back of the car and I'm assuming he ran my license & license plate. The next thing I know there were 3-4 police cars behind us & they pulled my son out of the car and searched him. The officer searched my son and did find 7.6 grams of marijuana on him, the arrested my son and then tried to get him to give the name of the friend by telling him they were going to put me in handcuffs. My son refused to name the friend especially when the detective told him we seen were you came from, my son replied, well then you know where I got the marijuana from. They put my son in the police car and took him to jail, and issued me a ticket for no turn signal. I'm mad as hell now, because I got a trumped up ticket, is this entrapment, or something? I understand about the marijuana charge with no problem, but can they give tickets out for no reason?
They are claiming that you committed the violation for their alleged probable cause for the stop. They have to prove you committed the violation in court beyond a reasonable doubt and it becomes your word against the officer's word and you will have to fight this in court. Most of the time the parish attorney will dismiss these citations, but you will have to appear and argue that it was given merely as a pretext for the stop. Also, your son's attorney will have to argue this in the probable cause hearing in his marijuana case as well. Your son did right in not making any statements at all and proof that they knew who the friend was and that they likely did follow you from the house is going to be proof in your favor that their claim of the turn signal was merely pretextual to make the stop for the marijuana which they knew you did not have but your son had.

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Customer: replied 3 years ago.

So is it worth fighting? My son seems to think we should just let it go, they did go to the friends house while we were being detained and questioned and arrested the friend. My son thinks its just useless in trying to fight the ticket.

Your son is not really correct. You should fight the ticket, chances are they will dismiss it because they do not need you to be actually convicted on it to use it as probable cause, but if you are found actually not guilty it ruins their probable cause as that says there was no grounds to stop you. I think you should fight it and likely the prosecutor will end up dismissing the ticket.
Customer: replied 3 years ago.

Thank you.

You are welcome.