A question for police officers, or anyone familiar with laws and guidlines...?

Question

I know a police officer has to have probable cause to pull you over. Does probably cause include saying "You don't have a front license plate?" Well, I was driving past you going about 50 when it was dark. Then, when you point out to the cop that there IS a front license plate, he says..."Well, you backlights aren't working." And you say, "Well, yes they are, my dashboard warning lights says they are out, but the lights work fine." Once this is proved to the officer, he says, "Well, you were driving erratically." Then proceeds to arrest you for DUI. But, on the police report, he puts down, "Pull so-and-so over for no front license plate, I confirmed there was a front license plate, but then noticed while standing at the back of her car (which, may I add, was turned completely off!!!) that her rear lights weren't working. He never wrote anything about me driving erratically!!! Will this hold in court as probably cause???

I may add, that in the initial reports that he wrote in the field, just filling out the boxes and captions, he mentioned my front license plate, but never mentioned my lights. In the report back at the station, that he typed up, he mentioned my front license plate AND my lights. And he said that he noticed my lights supposedly not working as the reason for pulling me over, when on the field notes he said he pulled me over initially for no front license plate. Doesnt that kinda conflict with eachother?? And he never once mentioned me driving erratically!!! Bullshit or what???

Let me add, that this is how it went...
Cop: I pulled you over for no front license plate.
Me: I have one.
Cop: No, you don't
Me: Yes, I do, go look.
Cop: (Goes and looks) Oh, yeah, you do. well, why is you dashboard light on saying your backlights arent working? There not working, are they?
Me: My backlights work fine, the dashboard lights are screwed up, if you would like to stand behind me car, I can demonstrate for you.
Cop: No, both your backlights are blacked out, and plus, you were driving erratically.
I have witnesses who were in the car with me, and drove the car home for me, and took dated pictures of that night with my visible front license plate, and working back lights.
The erratic driving was written NO WHERE on the police report.
At the station, i blew a 0.09, after throwing up, burping, and hiccuping within 3 minutes BEFORE taking the test.
I was also DENIED a blood test afterwards when I asked if I could get on so that my attorney could run his own tests.

Answer 1

I can only say that you sound like you have a good case. As a lawyer, I would serioulsly have to look everything over. But from what you've written you have a good case. His stopping you was over a front-license plate which he did not see. He had zero probable cause unless you are leaving something out.

Answer 2

1

Answer 3

First, an officer does not always need probable cause to pull you over -- that's just the most common valid reason. There are others.

And yes, not having a front license plate where one is required is probable cause -- in fact, it's much more than probable cause because it's an obvious violation of traffic laws. If it turns out that you did have a front plate, then the office would need to establish that he made a good faith mistake, and actually didn't see one.

But none of that has anything to do with the DUI -- a court will find probable cause based on the officer's statements as a way to have the DUI charge proceed on its merits.

Answer 4

I once got pulled over for having a headlight out. On my 1969 Mustang, the hood points out and headlights are a bit recessed such that the cop on my left side could not see the light itself on the right side of my car [left= driver, right = psngr]. When I informed him I did have a working headlight and he checked, and basically said he just had not seen it. I completely understood, cause the nose of the car does stick out. However, having left the house in a rush to meet with friends, I had inadvertantly left my wallet with license inside it. So, when he asked to see my DL and insurance, I could not show them to him. These are also violations. I got tickets for these two things. They turned into the $9.00 dollar tickets cause I did have a valid licencse, just not driving with it on me, and did have good insurance which I proved later at clerk's office. The point is this, the officer did not write you for what he originally pulled you over. He made a mistake. It can happen. Low light, bad line of sight, etc. So, he could not write for no plate cause you did have one. Once he has you pulled over, he has the lawful ability to submit your vehicle to a total safety inspection. Also, to check the status of your DL and insurance and your physical condition. Anything that results from these subsequent checks can be cited if a violation is found. Okay, so we all, at least most of us, have imbibed and then soon afterwards operated a vehicle on a roadway, an illegal act. But, we will never cause an accident, we will never hurt anyone or anything. It's those OTHER drunk drivers who don't pay attention. But, when we see accidents resulting in a living drunk and killed sober person(s) we all demand cops do more about DUIs. I fall into this category. I have connections now, so won't anymore, but I used to drive home when I probably shouldn't have. The only thing that sets off alarm bells in my opioin is your not being allowed to have a test done from drawn blood. THAT may be what a good DUI specializing attorney can use.
Next time though remember this: a cab and even a limo is a LOT cheaper than all the money, time and hassle involved with a DUI. That's my connection; used to part time drive for a limo company and can always get a ride home either from another driver or a previous customer who owes me one or two or three.

Answer 5

Well a .08 is legally drunk here in Massachusetts. Now as far as his field notes/report. This usually is NOT used in court. And it is NOT usually something the public has access to, so how do you know for a fact that he wrote these things down? If his COURT report shows his reason for stopping you NO front plate this goes in your defense. Same for the tail lights. He'll have to show erratic operation in order for it to stick in court. But since he originally said he stopped you fro the FRONT plate he must have been coming at you in order for him to have seen that. SO unless you were driving in his lane he wouldn't as a rule have erratic operation. As far as the blood test. In Mass you get offered the opportunity to take a breath test. You refuse you lose you license. You want a blood test then it is up to you to get a blood test. You can do so AFTER you get bailed. Were you arrested? You don't say. But you story sounds like you were allowed to leave. As you explained the pictures you took. This being you didn't get arrested. So if you were drunk or you're being charged with drunk driving why were you allowed to drive? This can also be used in your defense. Good luck.

Answer 6

You sound like a nagging lady that won't talk about the real issue but go on forever about small details to win her case. Forget the fact that you were drunk and behind the wheel. How do we know you are accurate in your story. You were drunk and the officer was not. He would probably tell a different story, a sober more honest story. You should be ashamed of yourself for being on the road drunk. You are lucky the cop arrested you before you killed an innocent person on the road. I hope you get some jail time to sober you up. In the very end of your story you admit you blew a .09. All the BS story of light and license plate and officer's report. You were guilty. I bet you do this all the time in your life, avoid the truth and give excuses. Eat your medicine. Alcohol free medicine.

Answer 7

Well obviously your going to go to court over it. All I can advise is get a lawyer if your going through DUI charges. If you plan to represent yourself (worst option), then be as respectful to the judge as possible. Go into the court looking respectful, use the evidence they have against them. If you have pictures of your car with a front license plate verifiable prior to the event, I would present those.

In the end your main point should be that the officer did not have probable cause, to pull you over.

A.) He pulled you over for a license plate violation. You had your front license plate.

B.) Also sites you for your lights not working. However they do work.

However I'm sure if you dont have a lawyer it will be found that during the course of attempting to verify your front license plate, it was clear that you were intoxicated.

Answer 8

It almost appears that someone is assisting you with your question. You have provided information which is not normally given to the arrestee, but I can guarantee that you did not read or see all the paperwork. As far as probable cause for the stop, this will be reflected on the citations that were issued, and the narrative on the reports. Throwing up will raise the BAC level. Hiccuping, and burping will cause the test to be delayed. If these actions appear to be forced by you, then a blood test will not be offered, and the breath test will be marked as a refusal.

Answer 9

Unfortunately , there are Police officers out on the streets that do abuse Police protocol or what is called '' the code of conduct''.That percentage rate in proportion to the Thousands of Police officers, men and woman alike who where their badge with Honor,Dignity,Pride and Self-Respect over through that barrier or problem with in the Departments they serve by directly going after and without stopping until all who abuse ''the code of conduct ''and have no further connections in Law enforcement and are caught ,will be punished to the full extent of the Law. To try and explain pro able cause is like walking on a very thin tight rope. If by chance you do get pulled over by the police, 99% of the time it's for something they observed and believe that it warrants a stop. The police do not have the time or the resoures to just randomly pull you over for minor infractions anytime they see one.And believe me ,they see alot. If you do get pulled over driving erratically , it's because something is going bad. The officer doesn't know what he or she is up against. It could be a number of things. mental, drugs,drunk driving,armed & dangerous felons,rape,murder,kiddnapping in progress. You name it and that officer has most likely come across it. So please don't bag on honest, hard working stressful POLICE MEN AND WOMAN WHO PUT THEIR LIFE ON THE LINE EVERYDAY FOR YOU AND I TO BE KEPT SAFE FROM CRIME.

Answer 10

Translation:

I did something that was really stupid, and I'd rather attempt to cloud the issue with loopholes than accept personal responsibility for my actions. The officer was wrong to pull me over, despite the fact that I was taken to the police station and had a chemical test of my breath performed, and I failed it. I puked, burped, and hiccuped before the test, but I was not intoxicated.