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FranL's Avatar
  • Answered by:FranL
  • Criminal Defense Attorney
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Customer Question

If you are stopped at a DUI checkpoint and they ask have you been drinking and you have not and respond, no, can they ask for your license and registration and then tow your car if your registration expired?

 

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Country relating to Question: United States
State (if USA): Connecticut

Already Tried:
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Submitted: 320 days and 6 hours ago.
Category: Traffic Law
Value: $48
Status: CLOSED
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Expert:  FranL replied320 days and 6 hours ago.

Hello Jacustomer,

Unfortunately, yes they can do this. The police officer had a lawful reason to stop the car. From there he's entitled to ask you for your license and registration. That's been true since Terry v. Ohio, which was decided by the Supreme Court in 1968.

He cannot allow you to drive the car once he determines that the registration is expired, and he's entitled to impound it as it doesn't belong on the road.

Driving with expiried registration is generally just a ticket in Connecticut. If yours was a misdemeanor, however, then you would get to formally challenge the constituttionality of officer's procedures at a suppression hearing, should you wish to take the case to trial.

Sorry to be the bearer of bad news.

Customer replied320 days and 5 hours ago.

They did not stop the car, as I explained it was a checkpoint, we were not pulled over for doing anything illegal or driving erratically. Therefore, I do not believe they can check our registration without our consent and they had already checked it somehow electronically when we stopped. We were not drinking

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Expert:  FranL replied320 days and 5 hours ago.

Virgina,

If they checked your registration electronically before you were stopped they are on 100% solid ground to stop you whether you were at a checkpoint or not and ask you for your license and registration.

Police officers run random plate checks (which will also turn up expired registrations and fugitive warrants) on a daily basis when they are out doing their jobs. They can, it's part of what they do, and if they catch you, they can make you accountable for it.

I'd be perfectly happy to opt out of your question if you wish me to because you think that someone else will give you a different opinion, but don't be surprised if that isn't the case.FranL41092.5830437153

 
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