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  1. #1
    Join Date
    Sep 2016
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    Default Can You be Prosecuted for DWLS if Not Told Why You Were Stopped

    A driver was pulled over by a police officer and was found to have a suspended license. The driver was ticketed for driving with a suspended license. However, the officer never told the driver why he was pulled over in the first place. Can the driver be prosecuted if the officer doesn't explain the reasons for the traffic stop?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You be Prosecuted for DWLS if Not Told Why You Were Stopped

    The officer does not have to describe the reasons for the traffic stop, nor does the officer have to ticket the driver for a traffic violation that inspired the traffic stop if the officer discovers a more serious offense. However, if the driver wants to challenge the traffic stop as having been made without proper cause, and there is no explanation for the traffic stop in the incident report, the driver can bring a motion to suppress at which time the officer can be required to state the reasons for the traffic stop -- and if no lawful cause is provided, the driver may be able to get the charge dismissed.

    The driver should discuss his options with a criminal defense lawyer.

  3. #3
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Can You be Prosecuted for DWLS if Not Told Why You Were Stopped

    In most states police officers conduct random license tag queries when they aren't doing anything else, and if the motor vehicle record indicates that the vehicle is registered to someone whose license is suspended then that alone gives the officer reasonable suspicion to investigate further and conduct a stop. The officer need observe no violation to conduct a "Terry" stop based on reasonable suspicion.

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