Can a case be dismissed because of a cop's mistake? 12 Answers as of April 16, 2013I was pulled over by a police officer because his scanner said I had a suspended license. When the officer approached me he asked for my license and registration which I didn't have on me, but I did have my state I.D. card. He said my vehicle smelled like marijuana, and searched it, finding marijuana. When he had me in the back of his car he informed me I did in fact have a valid license. So what was I pulled over for? I was charged with nothing other then possesion of marijuana. The officer later had me drive and meet him that day to discuss something related to the stop. But I later found out my license was in fact suspended when I was stopped. So didn't the officer ask me to break the law by meeting him, driving on a suspended license? The stopped just seemed to be extremely messy, and poorly done, and I was wondering if case could be dropped due to police mistakes.
The Law Offices of John J. Carney Esq. | John J. Carney
You should retain a good criminal lawyer like myself to get a dismissal of the charges. The officer had the right to pull you over and to search the vehicle. The case can be dismissed and you could get an ACD and a 509-1 violation with no points and a $50 fine in most cases with a lawyer.
Answer Applies to: New York
Barton Barton & Plotkin | Maurice Ross
Why should the case be dropped? As it turns out, you were properly pulled over because your license was suspended. Further, the police conducted a legal search and found marijuana, for which you received a minor possession charge. Even if the police made a mistake, you were still caught engaging in illegal conduct. Your case need not, and should not, be dropped.
Answer Applies to: New York
William L. Welch, III Attorney | William L. Welch, III
The MVA record would be determinative of whether your license was valid on the day in question or not. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Reza Athari & Associates, PLLC | Seth L. Reszko
There is an issue of whether the officer had probable cause to stop you if you were not driving on a suspended license. You will have an opportunity to raise this issue to the district attorney or city attorney or if you retain your own counsel or if one is appointed for you b/c you cannot afford your own lawyer. The Judge will not just dismiss the case, you will have to take the case to trial or have the attorney discuss this issue with the prosecutor or file a motion to suppress.
Answer Applies to: Nevada
Lawrence Lewis | Lawrence Lewis, PC
You were pulled over because the computer said your license was suspended. Then you ask this bizarre question. Bottom line: YOU EITHER HAD A VALID LICENSE OR NOT. IF NOT, then you were stopped correctly and popped for having marijuana in the vehicle. IF YES, then how can the police officer be in trouble. You are making absolutely no sense, which means you need to stop smoking dope.
Answer Applies to: Georgia
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
In order for the stop to be lawful the officer must have a reason for pulling you over. If or how the officer knew your license was suspended appears to be suspicious and could be a reason for invalidating the entire stop. If the stop was not lawful any contraband that would be the direct result of the illegal stop could be suppressed. You would need an experienced criminal defense attorney to make these arguments for you and protect your 4th Amendment Rights.
Answer Applies to: Colorado