What is the name of your state?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