Wednesday, November 5, 2008

Was I Pulled Over Illegally By The Police

"The officer pulled me over and told me that he had run my plates and saw that I didn't have a valid license, and that is why he said he stopped me. Then he arrested me for driving drunk...can he do that?"

Yes, an officer can run your plates and that does not violate your constitutionally protected rights to privacy. If he then establishes a reasonable suspicion that you may be intoxicated, he may extend his investigaiton and test you to determine if there is probable cause to make an arrest for OWI.

"Did the officer stop you while knowing you were the driver or because the plates were expired?" "My plate were fine, they were not expired; my license was revoked. And, NO, the officer couldn't have known it was me, he never saw me get into the car, it was the middle of the night and dark, and I have tinted windows - so, you aren't able to see in."

Well, under those circumstances, first, you may be cited for illegally tinted windows - if they are too darkly tinted. But, in this case, that is not why the officer stated he pulled you over. So, second, if the officer is unable to idenitfy you, the operator, as the person that the car is registered to, then, NO, he cann't simply pull the car over. In this case, it sounds as though the stop may have been illegal and you may be able to submit a motion to dimiss your case or suppress the test results and win your case.

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