QUESTION
Can I get pulled over simply because the officer couldn't read my license plate?
Asked on Jun 03rd, 2013 on DUI/DWI - Missouri
More details to this question:
At around 3:30 am I got pulled over, the officer said the light by my license plate was dim and he couldn't read my license plate. He asked me to step out of the car and I blew a .04. I'm not 21 so he wrote me a ticket. Was I wrongfully pulled over?
8 ANSWERS
Michael J. Breczinski
If the plate is illegible and can't be seen then they can pull you over.
Answered on Jun 06th, 2013 at 9:20 PM
You may have been wrongfully pulled over. A cop must have a reason for the stop, otherwise he was just stopping you due to the late hour. Whether or not the violation was legitimate would be very fact specific. I would contact a local DUI attorney in your area to review your case. If the stop was illegal the to fight it is through a suppression motion in the courts, in which case you will need an attorney.
Answered on Jun 04th, 2013 at 12:01 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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The statute requires that your license plate be readable from a distance of 50 feet, if your lawyer can demonstrate that the license plate was readable from that distance you have strong legal defense. You should discuss this case with a DUI attorney, you may have other defenses that result in your beating these charges.
Answered on Jun 04th, 2013 at 12:00 PM
No, there is nothing illegal about this. The police officer has every right to pull you over if he can't read your license plates. He has to have reasonable suspicion to pull you over, and this qualifies.
Answered on Jun 04th, 2013 at 12:00 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No.
Answered on Jun 04th, 2013 at 12:08 AM
4 Awards
There is a statute addressing this but I am aware of the same set of facts occurring in Montgomery County and the case was dismissed for lack of probable cause to pull the motorist over.
Answered on Jun 03rd, 2013 at 10:21 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Possibly. Would nex to see the officers report.
Answered on Jun 03rd, 2013 at 10:11 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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An officer can pull you over for any traffic violation. If the light was so dim that he couldn't read the license number, it was a good traffic stop. If there was evidence that you were drinking, then it also appears to be a valid DWI arrest. If he gave you a ticket for DWI, it is a criminal case and you are presumed to be innocent until proven guilty in court. You will need the assistance of an attorney.
Answered on Jun 03rd, 2013 at 10:02 PM