If the prosecutor can not prove that my exhaust was to loud, will my arrest for driving while license suspended be dismissed?

Bankruptcy and Debt 9 views 4 answers
I was pulled over for have a loud exhaust. I do not think that it was. If I can prove that the stop was invalid will the charges be dismissed?

Attorney Answers

4
J Catchick ·
If you can prove the initial stop was invalid, then you will likely succeed in getting the charges dismissed, under the argument that the arrest was the "fruit of the poisonous tree." Effectively arguing this really requires a good, experienced criminal defense attorney, so please ensure you interview and retain one to present your best arguments. I wish you all the best of luck. Warmest regards, Matt.
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Reve Bautista ·
The officer/government will have to prove that they had Probable Cause to stop you. This is a factual and legal argument that only an experienced criminal defense attorney can argue at a motion. Retain an attorney to assist you with this issue.
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Joshua Pease ·
As others have stated, if your attorney can prove that there was not probable cause for the stop (i.e., your muffler wasn't actually loud), then any information gained thereafter would be excluded, and the charges may be dismissed for lack of admissible evidence. You should definitely hire an experienced criminal defense attorney in your area. Good luck.
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Ruth Oliver ·
If your exhaust is not the one that came factory installed, and/or runs loud; the question of probable cause goes to whether or not there was probable cause (more likely than not) to believe there was a valid reason for the traffic stop (believing your muffler may be too loud under the law). If you have a loud muffler, proving its loudness does not violate the law will not invalidate the stop, and exclude the suspended license. Also, if the officer had other valid reasons for the stop (e.g. you failed to stay fully in your lane at all times); even if you were not ticketed for those reasons, they make the stop valid. I suggest consulting an attorney well versed in the Motor Vehicle Code.
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