Help with a traffic stop

[BFranklin]

Last year in October 2008 I was pulled over for speeding in another county, I got a ticket, paid it, and went to traffic school. The end…so I thought.
Fast forward to October 2009 and I had just parked and a cop came out of nowhere and told me “did you know your license is suspended?” I said no that’s impossible and why did you run my tag if I have done nothing wrong, is that normal? (I do not know and he didn’t answer)

I come to find out the county never received paperwork saying I completed the traffic school. I took the ticket saying it’s ok because I’ll see a judge and this is all a misunderstanding. The next day I went to the traffic school got a copy of the paperwork and took all tickets to the courthouse to see what I could do. They said I have to wait 6 weeks to see a judge and I’d get the court date in the mail. With me in the process of seeing a judge, I continued to drive like normal with ALL the paperwork in the car in case a cop pulled me over so I could show them.

This past Friday I drove to Orlando for the day and on the way back I was pulled over for a headlight that was out and going 8mph over. I could tell the cop wanted to arrest me right away when he ran my license and saw the license suspension (of course those small counties need the money) I tried to explain the entire situation and he was just not listening, when I told him I would start over he said “so now you’re going to change the story” for which I replied “no, you’re just not listening to me”. At that point he said “I’m going to arrest you, can we search the car”. I was handcuffed and put in the back of the police car (without being read my Miranda rights). I said they could not search the car but they were towing it and needed to take “inventory” I know this is allowed. I still said “I do not consent to a search”

On the way to the processing center the cop was driving 70mph in a 30mph residential area with small roads at 3AM, texting and playing loud music. I told him he was endangering my life since it's very dark he's speeding and I'm trapped in the back of the car, he just ignored me. I want to file a complaint about that for sure.

Now I’m taken to processing center thrown in a cell still with handcuffs on while he does his thing. I end up spending the night in jail over something that should not have even happened. I got 2 tickets that I should not have and landed in jail over the county not receiving a traffic document.

My question for the forums is… can I file a complaint about the cops driving and do anything about my Miranda warnings? I think it’s unfair that I drive around with a suspended license when I went to the courthouse with all my documents to take care of it and I couldn’t because I have to wait to see a judge. The cop didn’t care about the documents I had which clearly showed a court date. He just wanted to make the arrest and screw me over.

Help! Thanks!

[angelatc]

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[Danke]

You indeed have a journey ahead of you if you wish to learn.


PM me if you are interested in a "non-conventional" way to handle our courts.

[evilfunnystuff]

the only advice i can offer is get a lawyer as you are in a sticky situation and may end up with your license suspended for a year or more having 2 possible driving without a license charges plus the points for the tickets

the first one you may have a chance on since there was no probable cause to run your plates but the second seems tougher

a lawyer may be able to get you off light or altogether (suspension-wise) if your lucky but without a lawyer you are more than likely gonna get screwed hard

[Matt Collins]

Where in Orlando? Which jurisdiction?

[devil21]

I'll answer your legal questions but I am not an attorney. I'm not going to sugar coat or rage against the machine here though. Your situation is bullshit but you need to get it handled first then vent about it afterward. No sense getting frazzled now when you need to keep your head clear and on task to get this handled.

This info is accurate and any attorney will tell you the same. You definitely do need a lawyer if you don't already have one.

1. They don't have to read you Miranda rights if they are just arresting you. Miranda rights are for when you are being formally questioned regarding a crime. A traffic stop doesn't require Miranda until you are detained (detained means not free to leave after the traffic infraction is issued). If the cop already has the evidence to charge you (and he does...you driving with a suspended license) then he doesn't need to question you. You already volunteered that you were driving with a suspended license during the traffic stop.

2. Driving while you know your license is suspended is still illegal whether you have the paperwork or not. Only a judge or the DMV can restore your license and until it is restored in the computer system the cop won't care (and doesn't need to). However, I suspect your cases will both be dismissed when the paperwork is presented to a judge. For this you need a lawyer to navigate the criminal justice system for you.
"An attorney that represents himself has a fool for a client." You're not an attorney but if even attorneys shouldn't represent themselves then why should you? Get a traffic lawyer. Someone that advertises in the yellow pages. The bigger the ad the better and more connected the lawyer is.

3. Cop doesn't need your permission to search your car if you are being arrested. It's kinda bullshit way around the 4th amendment but it is what it is. When a car is impounded it is searched "for inventory purposes" before being turned over to the tow truck. Whatever they find is admissable as evidence against you.

4. You can (try to) file complaints for any mistreatment you experienced. However it has been documented to be very difficult to get a PD to actually give out a paper complaint form. There's a video on the net about people's difficulties in filing formal complaints with PDs, even to the point of the cops inside the PD trying to arrest the person for not showing ID when asking for a complaint form. You can certainly try to file complaints but you do put yourself at further risk of harrassment if you do. That is a decision for you alone to make.

IMO, you don't have anything that can help your case under the law. Just get a decent traffic attorney, preferably one that can handle both counties (cheaper), and explain the situation to the judges. That's still no guarantees you'll walk away scot free but that's what you hope. Good luck.


(And for god sake STOP DRIVING until you see a judge. This can snowball out of control on you if you're not careful. Your new attorney may be able to get an emergency motion to restore your license on the docket sooner than your traffic court dates. Stop driving!!)

[DamianTV]

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[loveshiscountry]

3. Cop doesn't need your permission to search your car if you are being arrested. It's kinda bullshit way around the 4th amendment but it is what it is. When a car is impounded it is searched "for inventory purposes" before being turned over to the tow truck. Whatever they find is admissable as evidence against you.


I don't think this is correct anymore. Gant vs Arizona

http://www.law.cornell.edu/supct/html/07-542.ZO.html

"police may search incident to arrest only the space within an arrestee’s “ ‘immediate control,’ ” meaning “the area from within which he might gain possession of a weapon or destructible evidence.”

[devil21]

I don't think this is correct anymore. Gant vs Arizona

http://www.law.cornell.edu/supct/html/07-542.ZO.html

"police may search incident to arrest only the space within an arrestee’s “ ‘immediate control,’ ” meaning “the area from within which he might gain possession of a weapon or destructible evidence.”

Thanks for the link. I had not seen that case before. That definitely does change the previously accepted definition of search-incident-to-arrest. Duly noted. Also nice to see SCOTUS recently announce a stricter reading of the 4th.

Btw, it still doesn't change my opinion that the OP has nothing to help his case. The fact that the cop asked to search (which should have tipped me off about the law change!!) doesn't mean much since no evidence of any other crime was found (I assume) during the illegal search. You can sue for civil rights violations I guess. The illegal search won't do anything for your driving on suspended issue though.

[Sean]

The system has harassed you. Only way to get back at them is to use the system against them. Depending on your state laws file FOI requests and such against the officers, the PD, city attorney, city elected officials, city employees and such. If they are going to squeeze money out of you from tickets make them spend that money complying with the laws themselves. Ask to see all their official e-mail records, internet records, personal e-mail records from time on the clock, cell phone records, police videos of traffic stops ect. Maybe you can find out they are misusing public resources ect. Here in Texas most small towns and such have problems complying with such request and regularly will break deadlines establish by law.