DUI 1st Offense and Resisting Arrest in Ridgeland – Not Guilty
Officers in Ridgeland, MS received an anonymous call stating a white Dodge pickup truck was driving erratically down I-55 South. A Ridgeland Police officer observed a white Dodge pickup exit at County Line Road and initiated a traffic stop. The zealous officer went so far as to initiate the patrol car’s lights before the truck cleared the intersection.
Upon reaching my client, the officer stated he stopped my client for no tag light. Video evidence showed the officer could not even see the tag lights when he initiated the stop. The client declined all field sobriety tests and told the officer to just take him to jail.
As the officer arrested my client, the officer began telling my client to stop resisting and pulling away. My client did not attempt to pull away in the video since his shoulders never moved. The officer ultimately slammed my client on the hood of the patrol car with other officers assisting him. One officer asked the initial officer, “What’s taking so long to cuff him?” The officer responded, “I can’t get my cuffs to work.”
Ridgeland Police arrested my client that night for DUI 1st Offense and Resisting Arrest. All charges against my client were dismissed.
Two Mississippi cases lay out what is required when an anonymous tipster calls the police. Cook v. State and Cooper v. State require police officers to verify the veracity (truthfulness) of the anonymous tip.
In the above case, the officer needed to follow my client and observe him swerving or driving erratically. Since the officer did not do that, he did not have reasonable suspicion or probable cause to stop my client.
Without probable cause, the stop is invalid. Even if my client was intoxicated and resisted arrest, since the officer did not possess a reason to stop him, he could not be found guilty.
If you are searching for a DUI Lawyer in Ridgeland with a proven record of success, contact The Big Man today.