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CBrown1023

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I was pulled over a few months ago for littering(throwing a cigarette out of the window), but I didn't throw a cigarette out. My cigarette was lit and in the ashtray when the officier pulled me over. I watched the officier pull from a turning lane and cut off another just to pull me over. I explained to the officier that my cigarette right there still burning and said it must of been another cigarette I throw. I informed the officier I was driving under suspension when he asked for my license. I was charged with driving under suspension, which I plead not guilty to at the local magistrate. The local magistrate upheld the charge of driving under suspension even though the officier lied to him and said he didn't know if it was me or the car behind that throw the cigarette. I argued that the stop was not justifiable and that I think it was racial profiling which caused the officier to pull me over. My question is should I have been charged with suspension charge even though I was supposely pulled over for littering/warned and should I think about going after the officier, county police, and the magistrate for racial profiling with a civil rights suit.
 


asiny

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I was pulled over a few months ago for littering(throwing a cigarette out of the window), but I didn't throw a cigarette out. My cigarette was lit and in the ashtray when the officier pulled me over. I watched the officier pull from a turning lane and cut off another just to pull me over. I explained to the officier that my cigarette right there still burning and said it must of been another cigarette I throw. I informed the officier I was driving under suspension when he asked for my license. I was charged with driving under suspension, which I plead not guilty to at the local magistrate. The local magistrate upheld the charge of driving under suspension even though the officier lied to him and said he didn't know if it was me or the car behind that throw the cigarette. I argued that the stop was not justifiable and that I think it was racial profiling which caused the officier to pull me over. My question is should I have been charged with suspension charge even though I was supposely pulled over for littering/warned and should I think about going after the officier, county police, and the magistrate for racial profiling with a civil rights suit.
Can you prove racial profiling?
The officer may have pulled you over thinking it was you but, when presented with the 'lit cigarette', he may have had 2nd thoughts (unknown to you). Asking for your lice
Why are you driving under suspension anyway? Don't you know that's illegal? Depending on why your licence was suspended - if you can't get the stop dismissed - you are probably facing much stiffer penalties.
75 Pa. Cons. Stat. § 6308
(b) Authority of police officer.--Whenever a police officer
is engaged in a systematic program of checking vehicles or
drivers or has reasonable suspicion that a violation of this
title is occurring or has occurred
, he may stop a vehicle, upon
request or signal, for the purpose of checking the vehicle's
registration, proof of financial responsibility, vehicle
identification number or engine number or the driver's license,
or to secure such other information as the officer may
reasonably believe to be necessary to enforce the provisions of
this title.
This was taken from eHow :D
According to the Commonwealth of Pennsylvania, a police officer can only pull over a vehicle if there is suspicion of a legal discrepancy, such as a failure to obey traffic regulations or if the vehicle appears to be one used in a crime. This is referred to as reasonable suspicion.
During a Pennsylvanian police stop, the officer will request several pieces of vital information. These pieces include a driver's license, current insurance information and vehicle registration.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I was pulled over a few months ago for littering(throwing a cigarette out of the window), but I didn't throw a cigarette out. My cigarette was lit and in the ashtray when the officier pulled me over. I watched the officier pull from a turning lane and cut off another just to pull me over. I explained to the officier that my cigarette right there still burning and said it must of been another cigarette I throw. I informed the officier I was driving under suspension when he asked for my license. I was charged with driving under suspension, which I plead not guilty to at the local magistrate. The local magistrate upheld the charge of driving under suspension even though the officier lied to him and said he didn't know if it was me or the car behind that throw the cigarette. I argued that the stop was not justifiable and that I think it was racial profiling which caused the officier to pull me over. My question is should I have been charged with suspension charge even though I was supposely pulled over for littering/warned and should I think about going after the officier, county police, and the magistrate for racial profiling with a civil rights suit.
**A: nice try.
 

karita1987

Junior Member
They'll use any old excuse

but he probably ran your plates while he was behind you and you were driving illegally anyway by driving suspended. He can tell you that you missed a stop sign on the freeway because legally the police are allowed to lie to you. When you try to tell the judge he will shut you up bcuz you were still driving against the law. You can't fight getting pulled over unless they don't get anything on you.
 

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