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loeblaw, Attorney
Category: Legal
Satisfied Customers: 1669
Experience:  Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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My partner was pulled over by California highway potrole today

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My partner was pulled over by California highway potrole today for doing 70 in a 65mph speed limit. My partner says he was only doing 65, but the officer insited he was doing 70. My partner has a legal drivers licence from the state of Oregon, it is valid. He drives a 2006 Ford that is financed in his name, he has full coverage insurance on the vehicle. He said the officer searched the car for an hour looking through every thing. The officer said since he does not reside in Oregon the licence isnt valid. The car was impounded and my partner and my two children were left stranded one and a half hours away from home.
My partner says he was treated very rudley by this officer and felt the officer was only doing this becouse he is a Mexican (??) I don't know, but is it legal to do this? He has a drivers licence, he pays the insurance, he is self employeed, he is not a drain on our community, what rights do we have?? Please help us.
If he is a resident of California, he needs to have a California drivers license. Once you move you have to change the license over. However it does seem that the officer's approach was a bit heavy-handed. And if the car was registered and the insurance valid I question his action of impounding the car. The first thing you should consider is to register a civilian complaint against the officer. Once this is done your partner should consider seeing a local civil rights lawyer who can look at the entirety of the situation, including the officer's report and make a determination on whether there are any grounds for a civil rights lawsuit. From first glance, based upon the information you provide, there very well may be a case.

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