My question involves criminal law for the state of: Texas
My son was pulled over for what the DPS officer stated was failure to dim his headlights. The Officer was driving on a road that crossed in front of the street my son was stopped at a stop sign. The officer then drove down the road a mile or so and then pulled over to the shoulder of the two lane road. My son turned into the same direction of the DPS officer and drove past the DPS officer and the officer pulled him over.
The officer said the driver was 2 to 3 car links behind him when he noticed the bright lights on yet the officer had time to take a double right to avoid a red light and drive a good ways. I would say at least 30 seconds. I feel as thought the officer did not have probable cause due to he crossed in front my my son the driver instead of traveling in front of withing 300 feet. It does not take over 30 seconds to travel 300 feet. I feel as thought the officer was not within 300 feet when he noticed the bright lights and he only noticed the lights when he passed crossing in front and then drove down the road to wait on the side of the road and hide until my son passed him and then he pulled onto the road to pull my son over. Effectively, the officer was on the side of the road when my son passed him so the 300 ft rule did not apply due to the fact the officer was off the road. The video only shows forward facing video and nothing showing the brights were on. They have offered my son an obstruction of a highway with deferred adjudication. Any thoughts?
My son was pulled over for what the DPS officer stated was failure to dim his headlights. The Officer was driving on a road that crossed in front of the street my son was stopped at a stop sign. The officer then drove down the road a mile or so and then pulled over to the shoulder of the two lane road. My son turned into the same direction of the DPS officer and drove past the DPS officer and the officer pulled him over.
The officer said the driver was 2 to 3 car links behind him when he noticed the bright lights on yet the officer had time to take a double right to avoid a red light and drive a good ways. I would say at least 30 seconds. I feel as thought the officer did not have probable cause due to he crossed in front my my son the driver instead of traveling in front of withing 300 feet. It does not take over 30 seconds to travel 300 feet. I feel as thought the officer was not within 300 feet when he noticed the bright lights and he only noticed the lights when he passed crossing in front and then drove down the road to wait on the side of the road and hide until my son passed him and then he pulled onto the road to pull my son over. Effectively, the officer was on the side of the road when my son passed him so the 300 ft rule did not apply due to the fact the officer was off the road. The video only shows forward facing video and nothing showing the brights were on. They have offered my son an obstruction of a highway with deferred adjudication. Any thoughts?
Arrest Procedure: Lights
Aucun commentaire:
Enregistrer un commentaire