Legal Question in DUI Law in Texas

How likely is it for a DWI case to be dismissed after winning an ALR hearing on the basis that the arresting officer could not provide reasonable suspiscion for the detainment.

Asked on 7/19/13, 9:19 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer
0 users found helpful
0 attorneys agreed

Depends on the totality of the circumstances. There are cases which say that the finding of the ALR judge is not binding on the county court judge but if there is truly no reasonable suspicion for the stop, then there is no reasonable suspicion for the stop.

(If the hearing was done on affidavits, not on live testimony, then it could be that the cop's report simply was not sufficient but that testimony at trial could shore up the missing information.)

Read more
7/21/13, 11:40 am

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Texas

Looking for something else?

Get Free Legal Advice

88333 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now