A month ago I was stopped by a NH State Trooper who told me I had failed to dim my high beams. I was subsequently arrested for DWI. I was driving the limit and not erratically at all, and don't think I was even using my high beams as I was on a fairly well lit stretch of road. My question is this: The officer didn't even cite me for failure to dim the high beams. If he believed I was guilty of that infraction, shouldn't he have given me a ticket? Since he didn't charge me with this violation, doesn't this eliminate the probable cause he had to stop me in the first place, thus negating any evidence used for the violations I was actually charged with?
1 Answer from Attorneys
An officer needs reasonable suspicion you are committing a crime to stop you, not probable cause. He does not need to give you a ticket, but he would still have to show it was a valid stop. It is going to come down to credibility. You should hire a lawyer to file a motion to suppress. Even if the stop is valid, your conduct may or may not be bad driving. Ultimately they have to show beyond a reasonable doubt your ability to drive was impaired to alcohol. I only handle DWI cases, feel free to give me a call. Dan Hynes the New Hampshire DWI GUY.
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