Criminal Defense Attorney - Austin Texas
Mistakes the police make . . . and how they can help
1. Stopping a vehicle on the basis of an anonymous
call. An officer can not rely on a phone call to stop you, if he does not have a
name and address for the caller.
2. Following a driver into his residence without an
invitation or without enough information to justify the entry. Your home is
protected under the fourth amendment.
3. Basing an arrest on the statements of the driver
alone. The officer must have independent evidence to corroborate these
statements. This often arises when he has not seen you in physical control of
4. Detaining a driver longer than is reasonable to
investigate. The constitution does not allow officers to hold you without limit.
5. Stopping a vehicle without an articulable
suspicion. An officer can not stop you just because he thinks you are
6. Stopping a vehicle because it stops in the
middle of the street or it is driving too slow. Unless there is a specific
traffic ordinance you are violating, such as impeding traffic, it is not lawful
for an officer to stop you.
7. Weaving within a lane. The statute only requires
you to drive as nearly as is practible within a single lane. Some cases hold
that one weave into the shoulder is not enough reason for a stop.
8. Stopping a vehicle based on a misperceived
violation of a law. The officer must be right about his interpretation of the
9. Stopping a vehicle for an improper sign. Street
signs and lane markings must comply with Texas law.
10. Failing to follow the rules of the Department
of Public Safety, Breath Testing Manual. These failures may invalidate any
11. Stopping at an improper roadblock. There are
guidelines that must be followed to validate the stop.
12. Stopping a vehicle just to check the driver's
license and registration. There must be an actual traffic violation or an
articulable suspicion of a crime.
13. Stopping a vehicle without being able to
identify it as the one actually committing a traffic infraction. Officers must
be able to convince the Court that they stopped the right car.
14. Stopping a vehicle for no reason at all. It's
done. Officers usually do not show up in Court on these.
15. Blocking a vehicle's exit without
justification. Officers may not restrict a drivers freedom to leave without a
Criminal Defense Trial Attorney
812 San Antonio St., Suite 100
Austin, TX 78701
Call Toll Free - 866) 469-6056
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Ken Gibson criminal defense trial attorney in Austin, Texas
handling Drunk Driving (DWI) and Driving Under The Influence (DUI) in the state of Texas. Travis County, Williamson County, Hays County and Bastrop
County. Austin, Georgetown, Manor, Round Rock, Pflugerville, Del Valle, Cedar Park, San Marcos, Bastrop.
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