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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  Almost 12 years of legal experience
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I am a male 19 year old stopped in Salisbury, Maryland for

Customer Question

I am a male 19 year old stopped in Salisbury, Maryland for a DWI. The cop arrested me after the field tests and took me to the station for a breath test, I failed with a 0.15.
The cop wrote me up for the DWI tickets but failed to write up a probable cause ticket for a traffic violation or stop in the first place. Is this grounds for dismissal due to lack of probable cause. I commited no traffic violation, just a cop pull over in a college town at 12:05 am. on a Saturday night.
Submitted: 6 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 6 years ago.

You do not have to be charged with the underlying violation to be charged with DWI. The officer can testify as to what the reasonable suspicion for the stop was. If the officer had no reasonable and articulable suspicion for the stop, then the defense can file a motion to suppress the stop and resulting field sobriety and breath tests. But not writing a ticket for a violation that prompted a stop is not in and of itself grounds for a dismissal, because usually the officer is cutting the person a break by not piling on the tickets. If there was truly no legal reason for stopping the vehicle to begin with, then that is a possible constitutional violation that may get the charge dismissed.