Did I really obstruct an officer?

Question

I got pulled over for improper passing and I didn't have my license on me. I thought if you drove without a license that meant you'd get suspended...but the cops told me you don't have to have the card with you. I tried to switch seats with my husband because he had a liscense and I didn't and the cop saw. He told me I made him look like an asshole even though I told him why I did that. I didn't lie to the cop anytime during the investigation and neither did my husband...we didn't try to stop him from searching our car either. He charged both of us with obstructing an officer and me also with improper passing? I thought you only got charged with obstuction if you lied to tried to stop them from doing their job. We didn't do that. Why are we being charged with this crime? Is it fair?

Answer 1

Your comment "tried to switch seats...cop saw" implies you were attempting to evade the officer knowing you were the one operating the vehicle during the offense. In so doing, you obstruct his investigating an offense.
Admitting you did not have your license would have been the proper thing to do. He can run your license to verify status and would normally just warn you about it and ask that your husband drive from that point.

Answer 2

This won't be of much help but ...

Technically, the officer filed the wrong charge. You only committed what is called the "inchoate" offense. You only tried to obstruct justice - - but you did not succeed. Thus, you should have been charged with an attempt to obstruct a police officer, rather than the obstruction of the police officer.

With that said ...

This doesn't help you at all because the prosecutor can amend the charge to attempted obstruction at any point until trial. And, since both charges usually carry the same punishment, there's not much to be gained from pressing the issue.

@ I would take issue with Perndosi's comment that you impeded the officer's investigation by switching seats. The officer saw the switch, and was not impeded. Your conduct is criminal because you attempted to impede the officer, notwithstanding the fact that you did not succeed in doing so.

Answer 3

Um, I guess this might be an unpopular answer ... but yes. You tried to obstruct the course of justice (in my opinion - and it's the Judge who counts, not me). I can't see any legitimate defense for you. So you thought the punishment for the second crime (not having a license) was worse than the first. So what? You tried to avoid the consequences of your actions by deception.

It seems you only didn't lie after being caught out. Again, so what?

Cop it sweet. You made a bad mistake - acknowledge that to the judge. Go for mitigating factors if you like (stress, consequences of being suspended etc) but acknowledge what you did.

I don't want to sound nasty - I think acknowledgment will take you further than denial, that's all. But yes get an attorney. There may be something they can argue better than you could.

Answer 4

(1) Obstruction is usually when you take any act to impede an officer's investigation. In this case, the act that allegedly impeded the investigation was you switching seats... you "covered up" your crime.
(2) "we didn't try to stop him from searching our car either."
That's sad. Because unless he actually arrested you, he didn't have a right to search your car. So you have a constitutional right to NOT to consent to the search. If he didn't give you that right, you may have a legal cause of action against him. See a lawyer At worst, this may give you leverage against the state (because no prosecutor likes to hear evidence of illegal searching come in to a trial, regardless of what the search was).
(3) Whether that could actually constitute obstruction depends.upon the local law and how good your attorney may be. In this case, because you admitted your action when questioned about it, I would think a sympathetic judge or jury would believe that the officer is overreaching, but the other argument (i.e. we want to discourage people from trying to make the "quick switch," this is how we do it) is equally persuasive. Seek legal help from an attorney in your jurisdiction.

Answer 5

This will just end up being a hassle for you. You don't want obstruction of justice on your record, so you will need to get an attorney. The charge will probably be dropped or suspended if your facts are correct. You'll probably end up pleading guilty to the minor infraction and they'll let the other charge go (unless you have prior similar offenses).

Answer 6

Sorry hun,
I am not sure about the law. But to me it sounds like you tried to deceive the officer. So if that is the case then yes that is obstruction. But I am sure the charges will be dropped. Just go to court and see what the judge says.

Answer 7

Obstructing or Opposing is any time you forestall him in doing his activity. on your guy or woman words "i attempted to alter seats with my husband because of the fact he had a license and that i did no longer and the cop observed"... And " did no longer lie to the cop every time in the process the study and neither did my husband". So, technically what you probably did replaced into attempt to oppose or impede him in doing what you probably did. And your husband is a concept to that comparable crime. Its a susceptible value as a effect, yet its a fee in basic terms the comparable...And via the letter of the regulation it incredibly is a valid one. Oh, and the "is it honest" question.... Is it honest that youchronic and not making use of a license? Is it honest that your husband enables you to? Is it honest which you the two attempt to circumvent arrest via doing what you probably did? You get the factor.

Answer 8

Well you did try and switch seats. This meant you were planning on being deceitful right? If the cop didn't see the switch I'm guessing you were going to tell him your husband was driving right? You pissed the cop off by trying to do that.

Answer 9

Yes it is fair, when he saw you trying to switch seats, you were in the act of obstructing justice. The truth is commendable, but does not change the violation. Tell it to the Judge.

Answer 10

Nope, that's a pretty textbook case of obstructing police work -- nowhere does it say that you have to be smart to do it, or do it successfully for it to stick.

Think about it, you DID try to stop them from doing their job, you just were stupid and got caught. You want to be rewarded for that, and for coming clean after you got busted? Please. You're lucky you didn't get additional charges for driving without your license or worse. Bite the bullet, pay the fine, and don't be so stupid.