If I was arrested for a DUI w/a child passenger, can it be dismissed if there was no probable cause to have stopped me?

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If I was arrested for a DUI w/a child passenger, can it be dismissed if there was no probable cause to have stopped me?

I allegedly failed the field test, however it was early in the morning and I had just gotten out of the hospital for a back injury the day prior and was prescribed medication. I then agreed to a breathalyzer on site and blew 0.0. The officer told me The reason that he pulled me over was because of an anonymous tip he had recieved of my hitting the curb and he happened to be in the area so he stopped by. This officer did not tail me for any period of time but actually pulled up behind me out of the blue as I was turning into my destination. I was taken to the station and booked they took my blood which Im sure came positive.

Asked on December 13, 2014 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

So at this point, you need a criminal defense attorney immediately to review all of these allegations and what actually occurred.  If you did not hit a curb and there was no probable cause or articulable suspicion, your attorney will file a motion to suppress or basically kick out anything that is derived from that stop, including the BAC and blood test.  This is called fruit of the poisonous tree.


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