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  1. #1
    Join Date
    Jun 2011
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    1

    Default Driving on Suspended and Probable Cause

    My question involves traffic court in the State of: Illinois

    On or about June 26, 2011 at 6:00pm. I was driving the speed limit and obeying all traffic regulations, but the officer conducted a traffic stop. I then asked the officer why I was pulled over; the officer then stated he ran the vehicle's plates and seen that my driving privileges were suspended.

    Did the officer have probable cause to pull me over, can this possibly be thrown out? Who is to say I was the one driving the vehicle though, it could have been anybody? I have heard people talk about beating driving on suspended for this reason. Is this just a myth?

    I asked the officer repeatedly why I was pulled over he said only because my license status was suspended. Nothing else.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Driving on Suspended and Probable Cause

    Quote Quoting saiyaneye
    View Post
    My question involves traffic court in the State of: Illinois

    Did the officer have probable cause to pull me over, can this possibly be thrown out? Who is to say I was the one driving the vehicle though, it could have been anybody? I have heard people talk about beating driving on suspended for this reason. Is this just a myth?
    Without checking for IL, but assuming it's valid, there is "no expectation of privacy" in a license plate on public display, therefore "running a plate" is NOT a search under the 4th AM.

    On an additional note, the US SC has ruled, as all state's have, in my belief, that only a "reasonable suspicion" a violation of law need have occured to perform a traffic stop or Terry stop, probable cause is not needed.

    Let's assume thus is valid, the next Q is, is there case law for IL and or your particular Appeals Court jurisdiction that states unless there is a reasonable belief, etc. the person whose license is suspended is NOT the driver, they can not be pulled over, you loose.

    The exact answer would need some research.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Driving on Suspended and Probable Cause

    I cannot speak to Illinois specifically but I do know that in at least several other states, the stop would be valid based on the owners license suspension issue.

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