My question involves a traffic ticket from the state of: New Mexico
I was recently stopped for a traffic "violation" and issued a warning ticket despite the fact that several appeals court cases have already ruled that driving behavior such as mine is not illegal under state law. Nor does my state recognize a "reasonable mistake of law" as a defense. So there is no question here that the stop was pre-textual and illegal.
The difficulty is that the only harm I suffered was the illegal stop, which lasted at most 10 minutes.
I normally would be thankful to get off with just a warning but because the appeals courts have opined on this topic more than once...and the Department of Public Safety still doesn't get it...I wonder if I can take it any further.
Thoughts?
I was recently stopped for a traffic "violation" and issued a warning ticket despite the fact that several appeals court cases have already ruled that driving behavior such as mine is not illegal under state law. Nor does my state recognize a "reasonable mistake of law" as a defense. So there is no question here that the stop was pre-textual and illegal.
The difficulty is that the only harm I suffered was the illegal stop, which lasted at most 10 minutes.
I normally would be thankful to get off with just a warning but because the appeals courts have opined on this topic more than once...and the Department of Public Safety still doesn't get it...I wonder if I can take it any further.
Thoughts?
Traffic Lane Violations: Clearly Illegal Stop but Just a Warning. Recourse
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