The Woodlands DWI Lawyer

If a police officer sees you leaving a bar in such a hurry that you leave a cloud of dust does that give him probable cause to conduct a traffic stop for DWI? What if he sees you leaving a bar at 2:30 in the morning with a cloud of dust trailing behind you?

An Austin Court of Appeal recently had to decide if spinning the tires while leaving a bar at 2:30 in the morning created reasonable suspicion to justify a traffic stop which ultimately led to an arrest for DWI. The same court had previously ruled that spinning the tires alone did not create reasonable suspicion so the question before the court was if the time and location of the individual spinning his tires created reasonable suspicion.

The court found that pulling out of a bar parking lot quickly and late at night, even when coupled with other factors like spinning the tires, did not rise to the level sufficient to create reasonable suspicion to conduct a traffic stop for DWI. Since the police did not have probable cause for the traffic stop the defendant prevailed on his motion to suppress and the evidence was excluded from being used against him in court.

Suppressing evidence is one of the best tools available to your Woodlands DWI Attorney. If the evidence is suppressed by the judge then it can’t be used against you. Not all evidence meets the strict legal requirements for suppression. The typical situation is when police have obtained evidence against you without probable cause for detaining you. If you end up giving the police reasonable suspicion and probable cause through your voluntary actions before you have been officially detained then your opportunity to suppress evidence may disappear and your Woodlands DWI Attorney may have a much harder time defending your case. Cynthia Priddy was arrested for DWI on March 20, 2008. Let’s look at her story and discuss the difference between a voluntary encounter with police and an investigative detention.

The Police Stop

Sergeant John Klenk of the Burkburnett Police Department testified that on the evening of March 20, 2008, dispatch received a call from an unidentified person at Red River Hospital regarding Cynthia Priddy, who had sought admission to the hospital. Sergeant Klenk testified that the person from the hospital told dispatch that the hospital could not admit Cynthia Priddy because the hospital was full but also said that Cynthia had been drinking and appeared to be intoxicated. This person also said that Cynthia had left the hospital in a Hummer. The person from the hospital provided dispatch with Cynthia’s name, make of car, location and direction of her departure, and her address.

Sergeant Klenk located the Hummer at around 11:00 or 11:15 p.m. – about fifteen minutes after receiving the information from dispatch-on the side of the road in front of Citibank, legally parked, but still running and with its lights on. The officer testified that the Hummer was in a “business” area in downtown Burkburnett, and none of the nearby stores or businesses was open at that time. He pulled in behind the Hummer, turned his spotlight on it, and ran the license tags, but he could not tell if anyone was inside because of the heavy tint on the windows. As he approached the Hummer, Read more…

Probable Cause is where it all begins when you find yourself arrested for DWI in The Woodlands, TX. It is critical your Woodlands DWI lawyer examine the facts surrounding your traffic stop for one simple reason, if the police did not have probable cause to stop you then certain evidence obtained through the unlawful stop may be excluded from being used against you. Without certain evidence, the prosecutor’s case against you may be much weaker or entirely unsupportable. Call (832) 426-3913 to speak with a Woodlands DWI lawyer and take the first step in protecting your rights today.

What Is Probable Cause?

Probable Cause is a legal term used to determine if the police had a sufficient legal justification to stop and question you. The Constitution places limitations on the authority of police to stop and question people, they must have some reason for doing so. If police cross the legal line of questioning people without valid legal authority then they risk evidence being suppressed at trial.

The Facts of the Alderete Case

On November 5, 2007, at approximately 3 a.m., two officers were traveling west on Interstate 10 when they observed Read more…