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Traffic Law

If u are pulled over on a on ramp almost a in a area looks like a mvp and a cop pulls behi

Customer Question
nd u have the right...
If u are pulled over on a on ramp almost a in a area looks like a mvp and a cop pulls behi nd u have the right first he pulled over cause u was parked then make u get out your car with no probably cause to make u do a sabrioty test for no reason then pass all his meessed up test even with him makeing me stand in a very steep slpoe on the ramp shoulder passs and then he say he is going to give me a window tint ticket
Submitted: 1 year ago.Category: Traffic Law
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Answered in 3 minutes by:
4/8/2016
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 1 year ago
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 28,114
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
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Hello, Did he give you a window tint ticket. Did he also arrest you for DUI? What is the question you want to ask about this situation?
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Customer reply replied 1 year ago
No maam i wasnunder the inflounice of nothing thats fhats ybhe was mad causenhe newn8 would.fail but i did ntni was drinking or mlnoth8ng so his first wasnme.beoling parkednon a ramp. Then he tryed t9 get me on a dui witch he couldnt then he switched to a tint problem question can be change from one thing to another tint after forceing me out my car.to do his for nonreason no probabl cause other than be8ng late.at nigjt then i pass all the test then. Change it up just to get me with something something
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 1 year ago
I'm still not sure what your question was, but I assume that you want to know if the officer stopping you was legal. Unfortunately, the police don't need probable cause to stop your car. According to Terry v. Ohio, a US Supreme Court ruling decided in 1968, which is still the lead case on this issue, all an officer needs to stop any car is just a reasonable(articulable) suspicion that some criminal activity may be taking place. It must be something more than a hunch, but it only has to be something that the officer can put into words. If your window tint was darker than allowed by law, the officer's inability to see into your windows could give the officer a reason to believe you may be violating the law. That suspicion would give him the right to then approach your vehicle, ask you to roll down the window and hand over your identification, and even, assuming he felt he needed to go further, to tell you to get out of the car, pat you down for safety, detain you for a brief time and do a cursory inspection and search of your car. To do a full search of your vehicle, however, the officer would need a warrant or an exception to the warrant requirement. But if he sees something that indicates to him that you may be driving while under the influence, he can put you through sobriety tests. If he didn't give you a ticket for the windows, then the stop might have been pretextual and he was just looking to catch you at something. That would be improper. But if your window tint was darker than allowed by law and he did give you a ticket for it, the stop was on solid grounds. So you don't have a suit here. But if you do think the officer was unprofessional (or worse) you can report him to his superiors so that they investigate his conduct. That will inconvenience him at least as much as he inconvenienced you.
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