Quote:
Originally Posted by Crowbob
It seems to me the weakest link for LEO's is determining probable cause for pulling you over in the first place. Unless there's evidence such as a dash cam, broken taillight (defective equipment) or some other miniscule violation, couldn't it be argued that pulling you over was without probable cause?
Also, I'm wondering why not silently hand over the documents, including your lawyer's business card THEN ask if you are free to go?
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Obviously, you're not free to go while cop has your docs. When I went through the process, because that state had a reputation for racial profiling, the cops wrote thorough notes on their PC for pulling me over. It was a road known for speed enforcement and with a state police precinct on the road. My speedometer lamp had just gone out and I couldn't see my speed. I was going 63 in a 50 zone, not at all in a hurry, but was the only car on the road and so had no pace car to follow. Their PC for the stop had me dead to rights.
If you were to get a lawyer to try to fight it out in court, I'd definitely go after PC for the stop. For example, in AZ a speed limit is invalid if there hasn't been a road study done for that road, at which point "reasonable and prudent below 65mph" becomes the law. Lots of roads here have not had road studies, so that's a good way to challenge PC for a stop based on speeding that leads to bigger things.