If no probable cause for ticket can driving on suspended license be thrown out?

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Anonymous Aug 3, 2011 Criminal Defense 4 views 1 answers

I was stopped for driving with lights out, no license plates lights and driving on suspended license. I fought the lights because it was civil twilight and I had 30 minutes from sunset set. They dismissed the no lights and since the lights work inconjunction with the license plate lights. Can they still charge me with driving on suspended license if there was no reason to stop me in the first place? Can I get that charge dismissed? I have my license so it did get reduced to no license in possession.

Attorney Answer

F. Peter JamesChild Custody LawyerLas Vegas, NV

F. Peter JamesChild Custody LawyerLas Vegas, NV · Jun 15, 2026

The best legal argument appears to be that since the initial basis for the stop was found to be meritless, then the resulting infractions should also be dismissed as "fruits of the poisonous tree." This defense is common in defending drunk drivers. An officer pulls over a car for not stopping at a stop sign in a private shopping center and then discovers that the driver is over the legal limit. The officer was not justified in pulling over the car because there is no law mandating a stop at a private shopping center stop sign. So, the discovery that the driver was drunk was made pursuant to an illegal stop. Thus, the drunk driving charge is thrown out.

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