QUESTION

Why can they pull me over for dealer plates only?

Asked on Dec 10th, 2012 on Criminal Law - New York
More details to this question:
I was at my mom's house. As I was leaving, I noticed a police officer parked two blocks away watching me. When I left the driveway and turned down another street, he pulled me over for having dealer plates on (fictitious) as he put it. I did not break any traffic laws nor are any marked on my ticket. He then called me a liar and said I knew they were "fictitious" when I told him the dealer gave them to me because they didn't have my title. I couldn't find my proof of insurance, so they impounded my truck. Now they won't give me my truck until it’s registered with insurance (which I do have) and pay all fees. I have to pay $100 for the tow and $15 a day thereafter.
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3 ANSWERS

Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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Police can pull over anyone if they have a reasonable suspicion that the person has committed a crime. In your case, it sounds like you may not have committed any crime, but it also sounds like the police were reasonable in suspecting that you did. My advice is to pay the fees and get that vehicle out of impound immediately. Then go to your court date for the fictitious plates. If they charge you with a misdemeanor, either hire a lawyer or ask the court for the public defender to represent you. If they file an infraction, then either plead not guilty and represent yourself, or hire a lawyer.
Answered on Dec 14th, 2012 at 1:55 AM

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John J. Carney
The police can pull you over for no reason at all and just claim that you did something wrong later. Once you are stopped you will get a ticket for any violation of the law or traffic violation. A no insurance charge is very serious, but if you have proof of insurance they will dismiss it. You should have had the registration, insurance card, and your license with you because that is the law, it must be in the car or you will not be able to drive the car home after they give you a ticket.
Answered on Dec 14th, 2012 at 1:19 AM

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Michael J. Breczinski
If the plates are real, then get a lawyer and sue for return of the vehicle. It sounds like an unreasonable stop.
Answered on Dec 14th, 2012 at 1:19 AM

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