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I was detained falsely for right brake light out, asserted

Customer Question
at time of stop &...
I was detained falsely for right brake light out, asserted at time of stop & detainment on 8-15-16 at about 10:11 am.(citation states a different time,wrong model and color of automobile(R.V.) The officer came up to the window and tried to assert the probable cause - WHEN I WAS ASKING WHAT THE EMERGENCY WAS AND HOW MIGHT I HELP. The stated emergency and probable cause was that my right brake light was out. This assertion was and is false. One of the arresting officer's is one of the officer's that I have previously filed a complaint on for violating my rights in a previous case. what do you recommend to win this case? My # is ********** and e-mail is **********. What motions would you file and why? What are the applicable laws in this case? and which ones were violated and by whom and why?case law research?
Submitted: 1 year ago.Category: Traffic Law
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Answered in 7 hours by:
9/11/2016
Traffic Lawyer: N Cal Atty, Attorney replied 1 year ago
N Cal Atty
N Cal Atty, Attorney
Category: Traffic Law
Satisfied Customers: 9,442
Experience: Since 1983
Verified

I am sorry to hear this.

What charges are you facing as a result of this incident?

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Customer reply replied 1 year ago
The stated false probable cause was V.C 24603(b) and the subsequent charges are V.C 400(A) (1),V.C 12951(A), and V.C. 14601.1(A) In California an infraction is not a crime-There is no valid cause of action.
Customer reply replied 1 year ago
All evidence appropriated through a false imprisonment is inadmissible as fruit of the poisoned tree doctrine.
Traffic Lawyer: N Cal Atty, Attorney replied 1 year ago

Was your license previously revoked?

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Traffic Lawyer: N Cal Atty, Attorney replied 1 year ago

I don't understand the charge under VC 400, see

http://leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=00001-01000&file=100-680

It does not define a crime or an infraction.

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Customer reply replied 1 year ago
4000(a) (1)
Traffic Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 119,601
Experience: Attorney with over 24 years of law and traffic law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous expert had to leave.
I understand what you are saying, but the detention even for an infraction in CA is considered an arrest until such time the officer issues a summons for whatever the alleged violations are. One of the charges you claim was an unregistered vehicle VC 4000(a)(1), so if your vehicle was unregistered, that actually has been deemed valid probable cause for a vehicle stop and an "arrest" to issue a citation. The law does not state in CA that an arrest occurs only for a crime, it can happen on a traffic infraction as well, since during the stop you are not free to leave and that is the definition of an arrest. So thus, you are left challenging the probable cause for the stop, which could be the tail lights (which you claim is false) or unregistered vehicle which would also be valid cause for a stop. The license in possession charge they would need to stop you to determine unless they ran the plate prior to the stop and learned your license was suspended based on the registration information in which case the stop would be valid for that.
Officers now have car computers and many times run vehicle registrations before they even stop a vehicle. If the registered owner comes up as having a suspended license, that is deemed probable cause for stopping the car, so that could be found to be their cause for the stop if they articulate that (you do not say anything other than the tail lights and they cited you for an unregistered vehicle, not having a license in possession and driving on a suspended license).
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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