QUESTION
Do the police have to ask for your license and registration when you get pulled over on a traffic violation?
Asked on Jan 07th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over for running a yellow light 2 weeks ago and I got hit with a DUI. When the officer came up to my window, he never asked me for my license or registration but asked me if I was drinking? My question is without identifying me besides running my plates, how did the officer know who I was? Could my attorney do something with that or did the officer have enough probable cause?
9 ANSWERS
Michael J. Breczinski
The cop had enough probable cause especially since it was apparent that you had been drinking.
Answered on Jan 14th, 2013 at 7:07 PM
3 Awards
If the officer has reasonable suspicion that you committed an infraction, he/she can pull over your vehicle and ask you for license, insurance and registration. Investigate anything else he believes he has reasonable suspicion about but you don't have to answer his questions.
Answered on Jan 08th, 2013 at 10:06 PM
James Edward Smith
If you ran a red light, they got probable cause to ask you about your drinking.
Answered on Jan 08th, 2013 at 10:06 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 08th, 2013 at 10:05 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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No, but it is standard protocol for them to do that.
Answered on Jan 08th, 2013 at 10:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The officer could probably ID you out of a line up or montage.
Answered on Jan 08th, 2013 at 10:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should seek an attorney to determine whether or not you have a valid defense. Please pulled you over for running a yellow light and subsequently determined your were drinking and driving is not necessary that they ask you to identify yourself prior to arresting you. Probable cause for pulling you over, for running a yellow light, is probably sufficient. Get an attorney and provide all of the details to determine if you have a real defense.
Answered on Jan 08th, 2013 at 10:03 PM
No the cops don't have to do that. You need to hire a DUI specialist, and do it soon because you only have a limited time to save your license.
Answered on Jan 08th, 2013 at 10:01 PM
Criminal Attorney serving Cheyenne, WY
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Law Office of Scott Powers
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Since when is going through a yellow light illegal.
Answered on Jan 08th, 2013 at 10:01 PM