Can I have a DUI if the dash cam showed I signaled? 2 Answers as of April 15, 2011

Our 20 year old child got pulled over for a DUI. He was taking two friends home and went through a neighboring small town. As he was crossing the railroad tracks, he turned his blinker to turn left. At the stop sign by the tracks was police cruiser. He pulled around, turned his lights on and pulled him over. He said that he did not use his turn signal. All three in the truck know he had his blinker on because they made sure of it. The cop said "I guess I did not see it". The state patrol trooper called to the scene used the portable breathalyzer on his friend who blew a 1.8. Then he tested my son who blew a 0.081, put hand cuffs on him, took him to a different town for another reading which was 0.085. He was never read his rights and the police took his drivers license. Can you help?

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Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
I can definitely help so feel free to call me. If the officer had no 'reasonable suspicion' or probable cause' to contact your son in the first case, then all the evidence of the stop can be thrown out by the Judge (thus no evidence, thus the case is dismissed). The sooner you call, the sooner I can get to work.
Answer Applies to: Colorado
Replied: 4/15/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
If the dash cam shows your son signaled prior to executing his turn the police officer's mistaken belief is wrong, and thus may be a basis to suppress the stop, and therefore any chemical tests could be suppressed. I would be glad to talk to you and your son about his defenses in Colorado.
Answer Applies to: Colorado
Replied: 10/19/2010
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