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Can probable cause be challenged on appeal if it wasn't

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Can probable cause be challenged...
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I drifted across the medium of the highway dividers so I changed my not guilty and plead no contest due to being mislead by the information 2 years ago. I did not have the cop's dash cam video footage until the trial court was over and I saw that my car never drifted over as the cop claimed though it did hit the lane line.The cop by the way initially gave a warning and told me I was free to go after he had done his investigatory stop and saw I was not impaired. I asked for his name and he tried to escalate the matter and then decided to issue a traffic citation out of retaliation.Is a Unconstitutional matte waived if not challenged timely?
Submitted: 4 months ago.Category: Criminal Law
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Answered in 9 minutes by:
11/26/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

By taking a plea, you waived your rights to challenge the evidence against you. So unfortunately, you cannot raise that issue on appeal. If you waived your rights and took a plea because you couldn't understand what you were doing or were poorly advised by counsel, you can appeal on those grounds. But you can't now challenge probable cause.

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Customer reply replied 4 months ago
when a prosecutor breaks their legal ethical responsibility then it's still waived and cannot be reversed? The dashcam is very clear evidence that the charge was not supported by probable cause. So I can't challenge a prosecutors ethical violation to get it reversed?Rule 3.8 of The prosecutor in a criminal case shall:(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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