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  1. #1

    Unhappy Accused of Driving While License Suspended and Switching Drivers

    My question involves police conduct in the State of: Illinois Myself and boyfriend was pulled over 2 days ago by and officer . He turn his lights on and we pulled over less than a half of a block from were he turn his lights on because of the traffic. I was driving (valid) and my boyfriend was on the passenger side (DWLS) the officer forcefully pull my back passenger side door open and yelled passenger get the F**K out of the car you switched drivers my camera caught it on tape. He yelled at my boyfriend 2 xs the second time my boyfriend unbuckled his seat belt and was taken from the car. He (officer) then said I seen you with my own 2 eyes you switched. So he arrest my boyfriend and then later comes back up to the car to measure the level of tint that is on all 5 of my windows which are super dark. I asked him by the way what was the reason for the traffic stop he then said your tint it is illegal. So if my tint is too dark how did you "supposedly" see us switch seats? He was behind me the whole time of the traffic stop . Didn't make since what so ever. On top of all of this I own a 2011 Chevy impala my boyfriend is 6'06" 280 lbs with a herniated disc in back, bad knees, neck. His cane was on the passenger side at the time of the traffic stop also. Now I am 5'10" 365 lbs just had stomach surgery and suffers from spinal stenosis. My boyfriend asked to see the video he showed him the video and then said see the car moved. Huh? The car moved? Remember he told us he seen us switch? We turned into a patchy and icy lot. Hello yes the car will be going over ice and patchy bumps until it comes to a stop. He towed the vehicle and arrested my boyfriend. So why wasn't I taken in too after all if you are claiming that we both switch shouldn't I have been taken in? I end up paying 500 to get him out and my vehicle out. I guess I have several questions here 1.) Was he allowed to open my back passenger side driver door and force him out of the vehicle? 2.) Can he arrest on a assumption because the car moved?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Accused of Driving While License Suspended and Switching Drivers

    While the tint was illegally dark it does not necessarily mean he couldn't see into the car. That would be an argument your boyfriend would have to investigate and put forth if found valid as part of his defense

    as to why you weren't arrested; did you want to be?

  3. #3
    Join Date
    Oct 2006
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    Default Re: Accused of Driving While License Suspended and Switching Drivers

    Quote Quoting jk
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    While the tint was illegally dark it does not necessarily mean he couldn't see into the car. That would be an argument your boyfriend would have to investigate and put forth if found valid as part of his defense

    as to why you weren't arrested; did you want to be?
    I have to say though, that based on the size of the two parties involved and the boyfriend's medical condition, the kind of switch the officer is talking about would be nearly impossible, if not totally impossible. Therefore I tend to believe the OP...and I suspect that the judge would as well, if the DA even attempts to press charges.

    Go back and picture it in your mind...based on the descriptions given. Even if there were no center console (and I cannot remember the last sedan I was in that didn't have a center console), it would be virtually impossible.

  4. #4
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    Default Re: Accused of Driving While License Suspended and Switching Drivers

    If the officer in fact caught it on tape, then it's on tape. If that was a bluff, then it would be interesting to review the police report to find out what statements the officer attributes to the driver and passenger about the stop and alleged switch.

    It would not be appropriate to arrest you for DWLS when you were not suspended.

  5. #5
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    Jan 2006
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    Default Re: Accused of Driving While License Suspended and Switching Drivers

    Quote Quoting llworking
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    I have to say though, that based on the size of the two parties involved and the boyfriend's medical condition, the kind of switch the officer is talking about would be nearly impossible, if not totally impossible. Therefore I tend to believe the OP...and I suspect that the judge would as well, if the DA even attempts to press charges.

    Go back and picture it in your mind...based on the descriptions given. Even if there were no center console (and I cannot remember the last sedan I was in that didn't have a center console), it would be virtually impossible.
    I was not saying the op and friend were guilty. Simply saying that (if charges are pursued) friend needs to investigate and determine the defense.

    We do not have all of the facts of the case and yes, while difficult I can imagine being able to make a switch so friend simply needs to consider all defenses possible.

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