A police officer pulled over our client for allegedly running a red light. He was shortly thereafter arrested for DUI. Once counsel for The Ticket Clinic was retained, he obtained the video from the officer’s dashboard camera. After reviewing it, the attorney was of the opinion that our client did not violate a red light, but, in fact, made a legal right turn on red. The attorney filed a motion to suppress the stop claiming it was unlawful. The prosecutor vehemently fought the motion and argued our client couldn’t legally make a right turn on red because that specific intersection causes a driver to drive further into an intersection, which the lawmakers didn’t intend a driver to legally do. The State also argued our client was in violation of other traffic laws that also gave the officer the right to pull him over. After the judge heard arguments from both sides, he ruled in favor of our client writing in his order, “The written memorandum submitted by defense counsel…is an excellent description of the facts and law, and the court hereby adopts and incorporates the Facts and Analysis therein….there was no legal justification for the stop….Defendant’s motion is GRANTED.” The prosecutor was forced to drop all charges.
DUI & Criminal Division
