Dui Expert Witness
Dui Expert Witness
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 Witness Preparation and Examination for DUI Proceed  US $121.09
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Any legal experts out there for Texas laws, ie, probably cause?
My son who is 19 y/o was taking his g/f out to eat one night. On the way there, someone pulled out in front of him. My son did the wrong thing and flipped the guy off when he passed him. They went on to there dinner date at a restaraunt. While there he ordered a beer.
They did not card him and served him the beer. They ate a leisurly dinner then headed home. On their way out of town, over 1 1/2 hours later he was pulled over.The officer cited his reason for pulling him over was that his vehicleand tags matched the description of a vehicle reported by another motorists that the motorist claimed was driving recklessly.
He performed a field sobriety test which my son passed. But being an honest sort of kid he admitted to having drank one beer at the restaurant. He was consequently arrested and charged with DUI/ minor.
Is a report from another motorist sufficient probable cause to pull him over? Or should the officer need to personally witness him doing something wrong?
In Texas, an officer may pull anyone over for any reason. You have given probable cause by operating a licensed motor vehicle on the streets or highways. All the officer has to do is to say he wants to check the accuracy of the inspection sticker or license tags. As for the alcohol, if there's an odor on the breath there's sufficient evidence to cause a DUI test/breathalyzer for blood-alcohol levels, no matter what the driver's age may be. As a minor, the law is automatic when it comes to underage drinkers. ANY alcohol is considered over the line, so hence, the DUI charge. The fact that your son admitted to having had the beer within the previous four hours means that the alcohol is still in his system, and the charge is Driving Under the INFLUENCE, not while intoxicated. Any motorist's complaint is taken seriously, and once the offending car is spotted, the officers are REQUIRED to investigate, as motor vehicles are dangerous weapons when operated in a stupid manner. Had your son told his side of the story before he took the field sobriety test the officer might not have even given it to him or questioned it. Get a lawyer. Your son will need it.