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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16041
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer Question

Frani:
They did not have a reason to pull us over, it was a DUI checkpoint, we stopped and were asked if we had been drinking, my husband said, we have had nothing to drink, at that point shouldnt they have just let us go. What right would they have to ask for our license and registration?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hi,

You keep saying he had no right to pull you over, but of course, he did. It was a checkpoint. And he doesn't have to believe your "no." Once an officer stops a car, he is allowed to ask for your identification and registration, ask you to exit the vehicle, pat you down for his safety, and even do a limited search of the vehicle if anything at all strikes him as irregular.

He should also be able to also see with his own eyes that your car's registration was expired. That would have given him a basis to stop you and ask your for your ID even had there not been a checkpoint.

I am sorry that I cannot give you the answer that you want to hear. The officer's activities would almost certainly withstand Constitutional scrutiny.
Customer: replied 2 years ago.
Fran: I am not only looking for the answer that will "make me happy" however, we stopped for a DUI checkpoint at 12:30 in the morning, we are in our 50's and had not been drinking in a Mercedes. I understand if it is a checkpoint for license, registration or seatbelts, but if it is for drinking and we were not, why would they be able to ask for anything else? I do not appreciate you responding as if I am an idiot. He did not stop us because he could "see" the registration was expired!@
Expert:  Zoey_ JD replied 2 years ago.
Hello Virginia,

And I don't appreciate you having rated me as poor because you don't like the law of the land.

On your other thread, you were the one who told me that they'd already checked your registration electronically and found it expired. From there, I don't understand why you are so adamant that they couldn't then hold you accountable for that. Go back and look at your other thread where I address that. Of course they can, whether you're 50 or 18 and whether you're driving a mercedes or a pick-up truck. A vehicle with an expired registration is not allowed on the roads.

If you try to challenge this ticket, the moment the police officer says at the hearing that they'd run your license plate and come up with the expired registration, you are done for.




Customer: replied 2 years ago.
I didnt rate you as poor because I dont like the law, I rated you as poor because your attitude is not customer friendly. Thank you
Expert:  Zoey_ JD replied 2 years ago.
Hello,

Thank you for the clarification.

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