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4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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While being pulled over for a traffic violation ...

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While being pulled over for a traffic violation (headlight out). My husband was arrested for obstruction of justice. He admittingly called the officer some names because the officer would not allow him to tighten the light bulb he had just replaced. After signing the ticket, the officer arrested him because my husband kept asking him to remove the metal ticket box from on top of our car as not to scratch it. From what I read this does not seem to be obstruction of justice, is it? and is this something a fine or jail time will result in?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  4ren6 replied 8 years ago.
Did your husband demand or keep his cool through out the entire situation.............I am in Florida.........Also, why did the officer have the time to even put his holder on your is the norm to place under the my profile by clicking my username lower bottom left........
Expert:  4ren6 replied 8 years ago.
Also, why did the officer have time to even place the holder on your car..........this would indicate something more serious was they will often place the holder under their arm........
Customer: replied 8 years ago.
He placed it on the car after my husband signed the ticket and received it. The officer proceeded to ask my husband if he has learned his lesson. That was when my husband repeated cut him off and asked him to remove the box from the roof of the car.
Expert:  4ren6 replied 8 years ago.
He placed it on the car after my husband signed the ticket and received it.

Was this after your husband had called him names...........go ahead and post the names he called loud and negative did he get with the officer.

Was it FHP, County or local.............
Customer: replied 8 years ago.
f**king asshole, repeatedly. No other names. The names were called before the ticket was signed. He was loud and negative, he was mad that the officer would not allow him to show that the light was just loose. It was Tampa Police
Expert:  4ren6 replied 8 years ago.
Ok, this is indeed obstruction of Justice. You have several options. Check the officers prior complaints. File a complaint on the officer behavior. Fight this in court with the Judge that the officer would not allow your husband out of the car to tighten the bulb. (bear in mind though that this takes time and could be a danger to both driver and officer for oncoming traffic) But attempt to enter into evidence the behavior of the officer.

I can tell you...........the first couple of times he called him names your husband was ok................but the contiued verbal comments justified an obstruction of justice.

You can contact FDLE at
and file a complaint as they certify all LEO's in Florida. You should first file a complaint in Tampa with the Police Chief or internal can request his prior records of citizen complaints against him as well............this must be given if any are there.

This would result most often in a fine and/or suspension of license.
4ren6 and 5 other Criminal Law Specialists are ready to help you
Expert:  4ren6 replied 8 years ago.
Let me know if you need further assistance on this............I will be glad to further assist.
Customer: replied 8 years ago.
Wouldn't complaining about
1. not letting him tighten the bulb
2. the 40 minute wait before receiving the ticket and
3. after signing the ticket placing the box on top of the car and taking a couple of steps back to address my husband on learning his lesson
hurt his court appearance and alter the attitude of the officer when he appears in court? He was told this type of charge could result in 60 days to a year in jail. We don't want that. He has a short fuse and was disrespectful but he wasn't drinking, doing drugs or threatening anyone.
Expert:  4ren6 replied 8 years ago.
Not if the officer has a history of such stops............that is why I said to check for any prior compaints against him........................but your husband was indeed rude.

And if the officer has no complaints then I would plead no contest and ask that adjudication of guilt be with held................also, there is an arrest record. It may well be wise to retain council on this. Often the defense can work a deal with the prosecution to lessen the charge with no one having to show. reply if needed.

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