in bexar county texas, can a person be pulled over for '' what are trying to do start accident ? ''?

I am going to try my best to answer this question, but as a forewarning, I do not fully understand what you are saying since it seems English is not your native language.

Pulling out of a parking space in reverse is not illegal. What we don't know is HOW your son pulled out in reverse though. Perhaps he pulled out of the space into the street at a speed that made the officer feel he was being reckless.The officer may have observed your son swerve of felt for some reason that your son didn't appear to have full control of the car.

Truth be told, it is possible the cop was just being a dick and didn't like the way your son looked. Unfortunately, it doesn't really matter. I don't see a 4th amendment violation.

You don't mention why your son blew the .06. What made the cop decide to give him a breathalyzer test? Was your son slurring his speech when speaking to the cop? Did he show signs of being intoxicated? We don't know.

Frankly what we do know is you aren't telling us the whole story, or at least I know that I am not able to determine the whole story from your post (again I might be misunderstanding you because you don't speak English well).

Here is what DID NOT happen. Your innocent and perfect son carefully backed his car out into the street and a cop immediately pulled him over, with the breathalyzer in his hand, and arrested him for a DWI. Although, that's pretty much what your post claims, it is not true. Your son got pulled over for something. Maybe you don't know what it was because you weren't there, but he did something more than back out of a parking space to get the attention of the cop. Once the cop came to the car, your son did something which made him suspect he was drunk, and he was.

Which of the officers actions are you concerned might have violated your sons fourth amendment rights? It seems to me that the truth is your son is a complete idiot who was recklessly operating a motor vehicle under the influence and got in trouble but you are looking for a way to get him out of trouble because he's your son,

I hope that I was at least somewhat accurate in my attempt to understand and answer your question. I apologize if I've misunderstood anything but your English was very hard to understand.

EDIT: Judging by your updates it seems you are just looking to exploit the constitution. You're son is guilty and you're hoping that the rights we're given to protect the innocent can be used to shield your son.

He was drunk. He was driving. He was pulled over. He had drugs on him.

You're trying to prove he shouldn't have been pulled over, because you think it's going to protect him from the rest of the charges which followed. Did it ever occur to you that he deserves those charges for being so stupid in the first place?

Oh and by the way, no judge is going to say that a cop shouldn't have pulled someone over for pulling out into the middle of the street in reverse. That's reckless driving. Even if you find a judge who may be persuaded to dismiss the charge in another case, they won't when the driver was drunk.

There are two things you are going to need to accept:

1) Your son is going to be found (or plead) guilty and is going to be punished accordingly. If he doesn't have a record, it won't be too bad. If this isn't his first offense (and I am waiting for that update, hah) the punishment may be more severe.

-and-

2 Your son deserves it.

It's very hard to understand what you're asking.

You can be charged with a DWI at .06. And I don't see any way his 4th Amendment rights were violated.

It's hard to say what law your son broke, partly because I'm not from Texas, and don't know what they're called there. But mostly because of your poor description.

Instead of worrying about police procedure, maybe worry about your son's poor driving and very poor decision to drink and drive.

UPDATE:

We have no idea how he pulled out of the parking space. Apparently he did so illegally.

That would be the reason for the stop.

"Posession" does not mean it needs to be found on his body/in his clothes.

It was his....You would have mentioned that if it wasn't his.

None of his rights were violated.....Your son broke a few laws.