Making the Right Call
Last week, we had a hearing on our Motion to Suppress. The evidence went in pretty well, with two officers testifying that the only thing they knew about the car before they stopped it was that it had a flat tire. Our argument was that a flat tire is not a basis for a traffic stop. The judge didn't rule immediately on our motion.
Following the hearing, Tom discussed possible pleas with the State. As Tom says, "Uncertainty is the lubricant of the legal system." The prosecutor agreed, and on the day of trial, reduced the charge to Reckless Driving, with adjudication withheld.
After the plea was entered, we asked the judge whether we would have won our motion if we had continued the fight. The judge smiled and told Tom, "You made the right call."
In other words, we would have lost our motion, and so taking the negotiated plea saved our client a DUI conviction.
Practice area(s): DUI / DWI