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
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.)
Answered on 7/21/13, 11:40 am
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