Hello.
I was recently pulled over. The officer conducting the traffic stop informed me his reason for stopping me was that I had snow covering my rear window (Which is completely unavoidable, since the aerodynamics of my car constantly deposit snow and ice on the rear window). The relevant law (Idaho statute 49-943 (1)) reads exactly: "No
person shall drive any motor vehicle with any sign, poster, or other
nontransparent material upon the front windshield, side wings, or side or rear
windows of the vehicle which obstructs the driver's clear view of the highway
or any intersecting highway."
Now, my layman's interpretation is that the qualifying phrase in this statute is "...which obstructs the driver's clear view..." My vehicle has side mirrors which give a view of the front corners of a passenger vehicle only 2-3 feet from the rear bumper and the reflection extends straight back to the horizon. In fact, the view from the side mirrors is more thorough than the view from the center rear-view mirror. Therefore, I do not believe the officer was legally allowed to stop me, since I had committed no other traffic violation. Does this constitute an illegal stop?
In addition, I was charged with 2 marijuana-related misdemeanors as a result of the officer's search of my person (which I did not consent to) while I was still inside the vehicle following this potentially illegal traffic stop. Am I correct in thinking these will be dismissed if the stop is found to be illegal?
I was not intoxicated, and I was placed under arrest (without being informed of my miranda rights) after successfully passing a field sobriety test. When I got in the back of the car, I noticed the display for the dash-mounted camera stated that the hard drive was full and the camera was not recording. What impact, if any, would this have on the judicial proceedings? There were no witnesses for the search except for the officer and myself, and the officer called another unit after he had already conducted the (illegal?) search. So it seems as if it's his word against mine, since the car's camera was not recording. I will be consulting a public defender, but I understand they more often than not encourage defendants to enter a guilty plea for a reduced penalty so I need to become fully informed of the relevant laws. Pleading guilty is not an option, since a drug-related conviction would put my entire career in jeopardy, as I have not finished school and will be relying on financial aid, which would become unavailable with a drug-related charge.
My court date for the misdemeanor charges was set before standard business hours on the first business day following my arrest. I am not clear on when I have the right to have an attorney present. I will, of course, appear in court, but due to the scheduling, I forsee a chance of being unable to speak with a public defender before/during the proceeding. If this ends up happening, will the court date be rescheduled? Will I be legally required to enter a plea or say anything before having an attorney appointed for me?
Any input/advice would be greatly appreciated. Please respond as soon as possible, as my court date is in the immediate future and I am struggling to prepare myself.
-bfipaWhat is the name of your state (only U.S. law)?
I was recently pulled over. The officer conducting the traffic stop informed me his reason for stopping me was that I had snow covering my rear window (Which is completely unavoidable, since the aerodynamics of my car constantly deposit snow and ice on the rear window). The relevant law (Idaho statute 49-943 (1)) reads exactly: "No
person shall drive any motor vehicle with any sign, poster, or other
nontransparent material upon the front windshield, side wings, or side or rear
windows of the vehicle which obstructs the driver's clear view of the highway
or any intersecting highway."
Now, my layman's interpretation is that the qualifying phrase in this statute is "...which obstructs the driver's clear view..." My vehicle has side mirrors which give a view of the front corners of a passenger vehicle only 2-3 feet from the rear bumper and the reflection extends straight back to the horizon. In fact, the view from the side mirrors is more thorough than the view from the center rear-view mirror. Therefore, I do not believe the officer was legally allowed to stop me, since I had committed no other traffic violation. Does this constitute an illegal stop?
In addition, I was charged with 2 marijuana-related misdemeanors as a result of the officer's search of my person (which I did not consent to) while I was still inside the vehicle following this potentially illegal traffic stop. Am I correct in thinking these will be dismissed if the stop is found to be illegal?
I was not intoxicated, and I was placed under arrest (without being informed of my miranda rights) after successfully passing a field sobriety test. When I got in the back of the car, I noticed the display for the dash-mounted camera stated that the hard drive was full and the camera was not recording. What impact, if any, would this have on the judicial proceedings? There were no witnesses for the search except for the officer and myself, and the officer called another unit after he had already conducted the (illegal?) search. So it seems as if it's his word against mine, since the car's camera was not recording. I will be consulting a public defender, but I understand they more often than not encourage defendants to enter a guilty plea for a reduced penalty so I need to become fully informed of the relevant laws. Pleading guilty is not an option, since a drug-related conviction would put my entire career in jeopardy, as I have not finished school and will be relying on financial aid, which would become unavailable with a drug-related charge.
My court date for the misdemeanor charges was set before standard business hours on the first business day following my arrest. I am not clear on when I have the right to have an attorney present. I will, of course, appear in court, but due to the scheduling, I forsee a chance of being unable to speak with a public defender before/during the proceeding. If this ends up happening, will the court date be rescheduled? Will I be legally required to enter a plea or say anything before having an attorney appointed for me?
Any input/advice would be greatly appreciated. Please respond as soon as possible, as my court date is in the immediate future and I am struggling to prepare myself.
-bfipaWhat is the name of your state (only U.S. law)?