Asked 8/15/2016 – Denton, TX

As some on here may know I recently had a DWI back in April. The reason why the cop pulled me over is because I didn’t do a turn signal at least 100 ft before two turns I made to park in front of my house. However, I was able to prove with a measuring wheel that on the first turn it was only 86 ft to make a turn signal so there’s no way I can do a signal at 100 ft. The second turn it showed on the video I did it right at the speed limit sign or a little after. The distance measured was 116 ft for that turn. However, in the ALR case the judge deemed the videos to instead support the officers claim which didn’t really make sense. Currently appealing the decision. However, I’ve been advised that due to probable cause, an officer at the time of the situation can stop your vehicle and that since I lost my ALR I can’t do a motion to suppress in the criminal case. Apparently, I am now facing an upcoming plea bargain that I don’t know even though the officer saying in his affidavit that it was an improper stop as well. Sorry but the judicial system really has some quirks if this can be allowed.

Answer

You have the right to file whatever motions you desire in your DWI case. Your attorney is advising you that, despite your vast legal knowledge, you have little chances of success of prevailing on any such motion, that you probably should not spend the time, money or effort on such motion, and this path may not be in your best interest. You then have the right to say: “I don’t care what it costs!! File the motion and let’s have the hearing. I don’t care even if this means I may go to jail. My rights were violated and I want my day in court!!” Then write the check, go to court and accept the consequences, good or bad.