Q: Is a motion to dismiss suitable?
If I ask my court appointed attorney to file a motion to dismiss is it true the officer would have to show that I went too far past the white line during the hearing and if he can not it would possibly show the stop was illegal? Also they claim I consented to the search because the cop asked me Do I mind if he walks the dog around the truck and I shook my head no ....and aren't they supposed to ask you for your license before trying to conduct a search if I only committed a traffic offense? Also I have not had my arraignment yet and it's been almost 6 months.
A:
Many questions.
Let's start with the dogs. When you are pulled-over by police, they have 22 minutes to write a ticket, get the dogs or arrest you. The bad news is they DO NOT need your permission to let the dogs sniff the area outside your car. It is not considered a search.
If you violated any laws they can stop you and talk to you. You always have the right to remain silent.
In Texas they do not arraign you quickly. Sometimes they wait until the day of your trial. It is lawful.
I hope this helps.
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