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Possibly Illegal Traffic Stop

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  • 01-13-2006, 07:11 PM
    foxymonkey
    Possibly Illegal Traffic Stop
    While driving home from work one morning I approached a slow moving vehicle. I waited for for a place in the road where I could legally pass him. I accelerated and passed him. Once ahead of this vehicle, I re-adjusted my speed back to the posted limit. I continued with my drive home for about 5 miles when I was signaled to stop by a highway patrol officer. Since I was going the legal speed limit I couldn't think of any reason why I should have been stopped. I pulled over, turned off my car, and let my window down. when the officer approached my car I asked why I was being stopped. He stated that he clocked me speeding while I was passing the other vehicle. I asked the officer if I was speeding when he stopped me. He never answered my question but proceeded to ask for my drivers liscence. I gave him my drivers licence. He stated that he was going to let me off with a warning this time but that he was going to write down my driver licence number in case he caught me again. My question is....should I have been stopped in the first place? Was this legal? Please help. I know I didn't get a ticket but could I have in that situation?
  • 01-14-2006, 02:28 PM
    Mr. Knowitall
    Stopped for Speeding
    You admit you were speeding; you were pulled over for speeding.
  • 01-14-2006, 02:28 PM
    cdwjava
    You do not have to be speeding at the moment of the stop for the stop to be valid. Even you admit that you had to exceed the limit to pass the vehicle, so he was correct in his evaluation.

    Yes, on the face of it the stop appeared to have been perfectly lawful.

    - Carl
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