Results 1 to 10 of 10
  1. #1
    Join Date
    Jun 2006
    Posts
    4

    Angry Potential Unlawful Stop Questions

    California
    I was at a stop light waiting for the light to turn green when a cop pulled up behind me. The light was pretty long so he had time to run my plates if he wanted. The car is registered. He pulled me over when I got across the light. He comes to the window and asks for lic and reg. I ask him what is he stopping me for. He says the top center brake light is out. (The other required two are working fine, mind you)
    So when he runs my license he sees its suspended. I actually have a restriction on it to drive to and from work.
    He impounds my car for 30 days.
    On my citation the charge is 14601.1(a) suspended dl
    and also failure to appear - (which is why the dl was suspended)
    i already had a hearing with teh watch commander whose dmv records did show my license was restricted to go to work only. but he wouldnt release it because it was three hours after I got off work when I was stopped.
    So can the whole stop and impoundment be suppressed because the dmv vehicle code for california : 24603 says only two lamps are required and they were working fine.
    and after 30 days the towing company has told me i will be charged $70 a day for stairage plus 200 for towing not to mention 60 for a release. and if that was unlawful stop and i can suopress or do somehting, doesnt the police agency absorb the towing fees?

  2. #2
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Potential Unlawful Stop Question

    Quote Quoting new999
    California
    vehicle code for california : 24603 says only two lamps are required and they were working fine.
    Because of the code he does have the right to pull you over and ask for your ID and Reg. But he can't give you a ticket for the brake light that was out, just a warning. I see he did the right thing.

    I would recommend you get an attorney to start clearing everything before it gets worse.

  3. #3
    Join Date
    Jun 2006
    Posts
    4

    Default Re: Potential Unlawful Stop Question

    Quote Quoting Guilty Or Not Guilty
    Because of the code he does have the right to pull you over and ask for your ID and Reg.

    How is this so? The 2 required lights were working. It was the top center middle auxillary (3rd) light that was out. How does he still have the right to pull me over.

  4. #4
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Potential Unlawful Stop Question

    The code speaks on how it is illegal and how you can get a ticket. The police do have the right to pull you over to give you a warning. He did not give you a ticket for the light, just a warning. They still have the right to ask for your ID when being pulled over about a warning.

    If the top light was not there at all, then he would of never had the right to pull you over.

    It is safer for cops to pull over drivers and give warnings about brake lights being out. It would of been better for you to receive the warning if your ID was not suspended. Imagine your ID was not suspended, if he never warned you, then a second one went out, then you received a ticket. You would of wished he would of warned you the first time.

    So remember, the code stands for stopping the ticket, not stopping a warning.

  5. #5
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Potential Unlawful Stop Question

    The bottom line is going to be whether the officer had a reasonable suspicion that you were violating the law prior to the stop--that is the standard for a valid investigatory stop. Whether the officer issues you a warning or issues you an actual citation charging you with an offense, this standard must still be met. Unless he can testify that you had a rear light defect under California law, it would not appear that he had this reasonable suspicion. Not that he would have to charge you with it, but did he actually cite you for any kind of a rear light defect?

  6. #6
    Join Date
    Jun 2006
    Posts
    4

    Unhappy Re: Potential Unlawful Stop Question

    no he didnt charge me with anything relating to the original "reason" for pulling me over. and i know there are other precedents where if your pulled over for speeding, a tickets is issued, and theres no sign of any criminal activity, the officer cant just start asking questions about other issues not pertaining to the speeding violation; in other words no fishing for wrongdoing. and they cant pat you down just because they want to see if you have anythign illegal on you so they can charge you with something. its only if they think you might be armed.

    im just looking for feedback on how to put together a defense for an unjustifiable traffic stop. because once i prove that, a simple motion can be filed to supress evidence of a suspended dl. people have gotten off for dui, even assaults, all because of the violation of the 4th Amendment and the officer not having initial viability to seize or stop a person in the first place.

  7. #7
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Potential Unlawful Stop Question

    If you really think you got something try contacting ACLU:

    Nothern California: 39 Drumm Street, San Francisco, CA 94111, 415-621-2493

    Southern California: 1616 Beverly Blvd., Los Angeles, CA 90026, 213-977-9500

    Mention your rights have been violated.

    To be honest with you, I would of been frustrated too if my vehicle was taking away. I would do my very best to have the police pay for the damages. It wouldn't cost anything contacting ACLU.

    If they do not want to support you contact an attorney: http://www.calbar.ca.gov/state/calba...=10180&id=1396

    It won't hurt to try. Good luck.

    Let us know what happens by keeping in touch.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Potential Unlawful Stop Question

    I would have to agree with the OP. There is no requirement for supplemental stoplamps (the third brake light), and since it is not required there is no mandate that it be functioning properly.

    Unless he had some other reason for the stop, the stop was bad. The police department should have released the car at the impound hearing, and the original citing officer should have been counseled.

    - Carl

  9. #9
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Potential Unlawful Stop Question

    I am pretty sure the stop is invalid..!!....I read an exact case like yours online somewhere awhile back....if he didnt have ANY other reason to pull you then your case should be dismissed,,file a motion to suppress/dismiss.

  10. #10

    Default Re: Potential Unlawful Stop Question

    While I agree that the stop was not valid, all of your problems could have easily been prevented by simply showing for court or getting a continuance if you couldn't show. I see cases that this all the time. Stuff continues to build on top of stuff. You were not where you were supposed to be when you were stopped. Now you have another problem.

    1. Sponsored Links
       

Similar Threads

  1. Unlawful Stop Violation
    By FCricky87 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 18
    Last Post: 06-30-2010, 11:40 AM
  2. Search and Seizure: Unlawful Stop
    By Adski in forum Criminal Procedure
    Replies: 10
    Last Post: 03-10-2009, 02:44 PM
  3. Unlawful Stop
    By goodguy08 in forum Drunk and Impaired Driving Charges
    Replies: 19
    Last Post: 06-09-2008, 05:52 PM
  4. Emancipation: Questions About Potential Emanciptaion
    By mycateatsgreenbeans in forum Juvenile Law
    Replies: 2
    Last Post: 03-03-2008, 03:52 PM
  5. Lights, Signs and Traffic Controls: Unlawful Traffic Stop
    By nanocneirbo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 02-03-2007, 09:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources