Any legal experts out there for Texas laws, ie, probably cause?

Question

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?

Answer 1

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.

Answer 2

Thats the Great state of Texas for ya. I asked my husband about this one, he is a former sheriff's deputy. He was more interested in the field sobriety test result. Also, if your son was arrested, then a breathalyser was done, what was the outcome of that? If he passed that as well, then you have enough evidence to seriously fight the case in court. Get an attorney.

Don't take no for an answer, and for God's sake, don't agree to a plea-bargain, no matter how "good" of a deal it seems, the DA still chalks it up as a "win" - and your son will have a permanent conviction Even if you win and no judgement is passed, the arrest is now a permanent blemish on his record. Arrests, no matter if your innocent or not will not be removed from criminal history.

Answer 3

If the other motorist is willing to testify in court, then the officer was at all his right to stop your son.

If the other motorist stated to the police that he/she was not willing to testify, then the officer will still go and investigate. If the officer saw that your son was driving recklessly, then he had all his right to pull him over.

You wouldn't really know, until you and your son go to the court date and read the full police report. You can get a copy of the police report after 3 working days of the incident.

You never know though, you should help your son to get legal advice and should hire an attorney.

Answer 4

The officer had probable cause. Another motorist's report is quite enough. Your son should not have ordered the beer in the first place. He knew he wasn't old enough. I suggest you hire an attorney for your kid to see if you can get the charges knocked down to a lessor offense.

Answer 5

he did not get arrested for one beer. you know better than that.he can pull you over if someone had earlier made as report