Stopped for expired Drivers License

[capnkirk13]

What is the name of your state? Washington

I was pulled over by a Washington State Patrol officer in Kittitas County, Washington State. The reason, as given by the officer, was upon running my plate and then running a check on the drivers license number of the registered owner of the vehicle, he discovered that my drivers license had expired. The stop resulted in a search of the vehicle and a posession charge of under 40 grams of marijuana.

I'm wondering if this is a valid reason to stop someone as it could be anybody behind the wheel of the car. I was not speeding nor was I or my car exhibiting any reason for the traffic stop. I'm also wondering about profiling as I was driving a 4th gen Honda Civic with a license plate that has the number 420 that the state issued me, I did not have it personalized. The officer even told me that he had thought to himself that he should keep his nose open due to the license plate number.

Anyways this looks like a great site...I'm going to look around some more. Thanks in advance.

 

[CALIF-LAWPRO45]

What is the name of your state? Washington

I was pulled over by a Washington State Patrol officer in Kittitas County, Washington State. The reason, as given by the officer, was upon running my plate and then running a check on the drivers license number of the registered owner of the vehicle, he discovered that my drivers license had expired. The stop resulted in a search of the vehicle and a posession charge of under 40 grams of marijuana.

I'm wondering if this is a valid reason to stop someone as it could be anybody behind the wheel of the car. I was not speeding nor was I or my car exhibiting any reason for the traffic stop. I'm also wondering about profiling as I was driving a 4th gen Honda Civic with a license plate that has the number 420 that the state issued me, I did not have it personalized. The officer even told me that he had thought to himself that he should keep his nose open due to the license plate number.

Anyways this looks like a great site...I'm going to look around some more. Thanks in advance.

My response:

Stop writing duplicate posts. Only post to ONE forum.

IAAL

 

[capnkirk13]

Sorry...just wanted to get the most coverage on this and it involves both traffic stop question and possibly an illegal search and seizure.

 

[CALIF-LAWPRO45]

Sorry...just wanted to get the most coverage on this and it involves both traffic stop question and possibly an illegal search and seizure.

My response:

Yes, I know. We've read all of these excuses before. We know the motivations, and we know the reasons. Just don't do it.

IAAL

 

[CdwJava]

I'm wondering if this is a valid reason to stop someone as it could be anybody behind the wheel of the car.

It depends on the status of the law on this issue in your state and county. Some courts are going to find this to be perfectly reasonable ... others will not.

Speak to an attorney to find out if you stand a chance. Expect to make a deal.

- Carl

 

[racer72]

It is perfectly legal in Washington. My idiot SIL was nabbed the same way. My question to you is, if what the officer did was illegal, why would he waste his time and yours pulling you over and giving you a ticket that could be easily tossed out of court? I know a number of police officers and they all hate explaining to judges why they wrote a ticket that is not legal. It doesn't look good on their evaluations either.

 

[CdwJava]

This seems to be relatively common place in WA as I have read about this type of stop numerous times on this and other forums. In CA I don't think it would fly too far - I know in my county it wouldn't fly at all unless I could make an argument that the driver reasonably matched the description of the driver/owner with the suspended license.

I agree, it seems to be so common in WA that at least the majority of courts should be okay with such a stop.

- Carl

 

[capnkirk13]

Here is what I have found:

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.20.005

Above link shows a distinct difference between expired, suspended and revoked.

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.20.349

Above link does NOT state that it is legal to pull over a driver for an expired license.

http://www.law.washington.edu/StreetLaw/supplement/Ch24.pdf

Above link gives several examples of Washington State courts stance on pretextual traffic stops. Also using Google and searching for "washington state pretextual traffic stops" brings up several relevant hits.

Thanks for all the replies so far.

 

[CdwJava]

If it is a crime to drive with an expired license (i.e. being unlicensed) then the officer can stop because of the crime occuring in his presence.

It is not an unlawful stop if it is made for a violation of state law. The USSC has spoken on this issue and has concluded that the underlying motive for the officer's stop is generally irrelevent so long as there is reason to believe that an offense has been committed and that is the reason for the stop. The only time that it might be an issue is if the purpose for the stop was to violate the person's civil rights (such as stopping solely to hassle a minority) or to pursue some interest unrelated to law enforcement duties (like gettign a date).

- Carl