• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

WASHINGTON CRIMINAL TRIP PERMIT? Question on police exeeded scope of there authority

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RHDITR

Junior Member
What is the name of your state? WASHINGTON

officer was from the Washington State police

well got a Criminal ticket for a trip permit violation rcw 46.16.160
This happen at 8:00pm after dark on the Friday the 7th of this month...
1) the trip permit was not altered just expired and still in the back window
nothing on the back of the trip permit says that you have to remove the permit after it expires
My only problem with this ticket is that according to rcw 46.64.070 it reads:

To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington State patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

one of my Questions is :
A) i was pulled over at night

B) Case law i found ... OFFICERS WITHOUT WARRANT HAVE NO RIGHT TO INTERCEPT TRAVELERS ON A PUBLIC HIGHWAY AT NIGHT for purpose of finding some one inact of violating law; and arrest for misdemeanor without warrant on information or suspicion ofbeing unlawful act.” Mitchell v. Hughes, 104 Wash. 231, 176 P. 26 (1918). And

“STATE OF WASHINGTON ATTORNEY GENERAL OPINION FROM OLYMPIA written by ATTORNEY GENERAL JOHN J. O’CONNEL on December 10, 1959. THISOPINION CONCLUDES THAT POLICE OFFICERS DO NOT HAVE STATUTORYAUTHORITY TO STOP MOTORISTS SOLELY FOR THE PURPOSE OF EXAMINING THEIR DRIVER’S LICENSES. And the WASHINGTON STATESUPREME COURT HELD THAT: Under the rationale of the holding in Seattle v.Mesiani, 110 Wn.2d 454, 755 P.2d 775 (1988), AGO 88 (1959) IS STILL VALID ANDCORRECT.” STATE v. SMITS, 58 Wn.App. 333, 340, 341, 792 P.2d 565 (June 25,1990).

C) use of the word in rcw 46.64.070 AND/OR ? to Seperate the types of stops listed in 46.64.070 one being stoping and displaying your license... Other being : to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements


Any Help here on this Thanks anyone that has viewed and helped



also where can i find something on how to write a brief's? and a motion to dismiss
 


harbor14

Member
Your motion to dismiss will fail. The 060/070 is used primarily for commercial enforcement. You missed a wee portion in 070...The powers in 060/070 are in addition to all other powers conferred by law upon such officers...

10.31.100 states an officer may arrest w/o a warrant when a misdemeanor is committed in their presence. The trip ticket violation is a gross misdemeanor.

Then there is the statue 10.93.070 which gives officers the authority to enforce all traffic and criminal n the state...and thee are several others.

You are barking up the wrong tree with the RCW you are using.
 

CdwJava

Senior Member
Additionally, all because you were cited for that particular violation does NOT mean that you were stopped for it. My guess is that the law as written just prevents officers from making a stop for that one purpose after dark ... not for citing for it when they have you stopped for something else.

- Carl
 
S

seniorjudge

Guest
"...also where can i find something on how to write a brief's? and a motion to dismiss...."

Google legal plain language.

If you're going to write a brief and a motion to dismiss, state clearly what you want and why you want it.

Most judges are pretty thickheaded, including me. We like things obvious.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top