Seattle Traffic Ticket | The Usual Way a Criminal Accusation Happens
On December 01, 2009 in Travel
As a Seattle criminal defense lawyer one of the more frequent things I notice in the company of clients are circumstances where they have been pulled over and issued a Seattle traffic citation for something really trivial and after that investigated and captured for DUI. It doesn’t look just, and it in fact isn’t, and if you are able to prove that the detention was not made for a proper reason, there is a probability that you can get the entire case thrown out (called “fruit of the poisonous tree”).
Before I get into it, however, let me offer my characteristic disclaimer. Although I am a Seattle DUI defense attorney, this commentary is for informational purposes only. If you have a legal predicament that you feel can use the aid of a drunk driving defense attorney, don’t act based on this editorial. Call a DUI defense attorney first and discuss to them regarding your precise situation.
Allow me start with an illustration I heard lately. This chap was driving around on Memorial Day (by the way, terrible idea to drink and drive throughout the holidays - you are merely asking to get popped), on his way home after a day of dirt biking or something. He was in a state park and on his way out of the state park he was detained by a officer. When the officer approached he let him know he was ticketing him with the violation of having overly wide tires on his truck! I’d never heard that one formerly, but to me it sounds a bit fishy. After stopping the man for having too wide of tires on his vehicle, he proceeded to look into him and eventually detain him for Seattle DUI.
Now, in this case, let’s presuppose that tire girth is not in fact a citation that can be given (I candidly don’t know whether it is or not at this spot). If it is not, then the officer had no legitimate motivation for pulling the man over (there was no evidence of irregular driving or anything like that). In this circumstances, a motion to suppress all the evidence gained from the unlawful stop, including any breath test results, has a fairly high chance of success (you never know with judges). If that is the case after that the prosecution doesn’t possess any evidence it can employ to convict you of drunk driving, and you have in essence defeated your DUI charge.
That’s why it is crucial for your criminal defense lawyer to additionally be at least a marginally good Seattle traffic lawyer. An appreciation of traffic regulations and regulations helps to ascertain if the stop was valid.
If you are stopped for a traffic violation, including speeding, running a stop sign, running a red light, improper turns, HOV violations, or anything else, you must think about hiring a Seattle criminal attorney. And if you are charged with DUI you should absolutely obtain a attorney - it can make all the difference in the world.