Is it an illegal stop if the only reason my husband was pulled over is because the cop thought I was driving?
Asked on Nov 17th, 2015 on Criminal Law - Minnesota
More details to this question:
My license is expired and I have a car registered in my name. Two nights ago my husband was driving and got pulled over because the cop thought I may be driving. Is that a legal stop if there was no other reason for the stop and he obviously didn't ID me driving the car? He just ran the plates and it showed it was registered to me. He informed my husband that my license was expired and that's why he stopped the car. My husband was alone in the car.
Maybe. Maybe not. A stop can be based on a registered owner with an expired driver's license. However, if the officer knows that the registered owner is not the driver, i.e. male versus female, then the stop can become invalid. Did your husband get charged with an offense based on this traffic stop?
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