Can the police do that?

[ahammo3]

Last week, I had a trial for a DWI that I was charged with. There were 2 random marshalls in the courtroom during my trial (their presence was even noted in the minutes). During the trial, it was made perfectly clear that since I had refused the breathalizer, I currently had a suspended license. After being given a verdict of "not guilty," I was then immediately eligible to reinstate my license. Upon driving out of the courthouse parking lot, I was pulled over by those 2 marshalls for not using my left blinker. So, I was ticketed for that, and for driving with a suspended license. The marshalls then did a full search of my vehicle and found an empty alcohol container in the pocket behind my seat (not in plain sight). I was then issued another ticket for an open container. I had been drinking a bottled Diet Coke, and they also took my drink and put it in a plastic bag- like they were just trying to catch me with something else. After this, they had my vehicle towed, and left me to fend for myself in the parking lot. It was pitch black dark (7:00) and I knew nothing about the city that I was in. So, here are my questions:

1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?
2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?
3) Can the police just leave you in the location from which your vehicle was towed?

Any help or suggestions for this issue would be greatly appreciated. Thanks everyone!

[Lohman446]

Last week, I had a trial for a DWI that I was charged with. There were 2 random marshalls in the courtroom during my trial (their presence was even noted in the minutes). During the trial, it was made perfectly clear that since I had refused the breathalizer, I currently had a suspended license. After being given a verdict of "not guilty," I was then immediately eligible to reinstate my license. Upon driving out of the courthouse parking lot, I was pulled over by those 2 marshalls for not using my left blinker. So, I was ticketed for that, and for driving with a suspended license. The marshalls then did a full search of my vehicle and found an empty alcohol container in the pocket behind my seat (not in plain sight). I was then issued another ticket for an open container. I had been drinking a bottled Diet Coke, and they also took my drink and put it in a plastic bag- like they were just trying to catch me with something else. After this, they had my vehicle towed, and left me to fend for myself in the parking lot. It was pitch black dark (7:00) and I knew nothing about the city that I was in. So, here are my questions:

1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?
2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?
3) Can the police just leave you in the location from which your vehicle was towed?

Any help or suggestions for this issue would be greatly appreciated. Thanks everyone!

Since you were not legally driving you can be arrested for driving on a suspended license, or they can chose to impound your vehicle since it was not being legally driven. Before they impound the vehicle they are expected to do an inventory of its contents.

Not using a turn signal is an offense, they can pull you over.

Either obey the law, or face the consequences - you chose not to. You should not have driven a vehicle on a suspended license.

Suggestion: Don't mess with the man. You may think you can win, but unless you have the money to afford a lawyer, and can do everything by the book, you cannot. Its not cool, DWI is not cool, refusing a breathalyzer tends has consequences - license suspension, and being stupid enough to drive out of the courthouse while on a suspended license has consequences.

[skife]

for a first post on a paintball forum you ask for law advice?

[ahammo3]

Since you were not legally driving you can be arrested for driving on a suspended license, or they can chose to impound your vehicle since it was not being legally driven. Before they impound the vehicle they are expected to do an inventory of its contents.

Not using a turn signal is an offense, they can pull you over.

Either obey the law, or face the consequences - you chose not to. You should not have driven a vehicle on a suspended license.

Suggestion: Don't mess with the man. You may think you can win, but unless you have the money to afford a lawyer, and can do everything by the book, you cannot. Its not cool, DWI is not cool, refusing a breathalyzer tends has consequences - license suspension, and being stupid enough to drive out of the courthouse while on a suspended license has consequences.

I'm sorry- I was unaware that you actually were "the man." Or maybe that's just all in your warped head. Furthermore, I am unaware as to why you even bothered to post this- you call me stupid, but you were the one who posted a response with no answers to any of my questions, just an opinion from "the man?" I do not want nor need your opinion. Thanks, but no thanks.

[MANN]

for a first post on a paintball forum you ask for law advice?

I was thinking the same thing. my guess is its a fellow AOer that doesnt want his name to be known.

[Aggravated Assault]

..but you were the one who posted a response with no answers to any of my questions...

I believe he answered your questions. I think you just didnt like the answers.

[HoppysMag]

I'm sorry- I was unaware that you actually were "the man." Or maybe that's just all in your warped head. Furthermore, I am unaware as to why you even bothered to post this- you call me stupid, but you were the one who posted a response with no answers to any of my questions, just an opinion from "the man?" I do not want nor need your opinion. Thanks, but no thanks.

the law is if you refuse a breathalyzer, you forfit your license until YOU prove to THEM that you were sober.

you refused the breathalyzer. you lost your license.

you drove on a suspended license, you broke the law.

now you have to deal with the consequences.

and yes. i am "the man" (criminal justice major)

its totaly with in the laws for them to suspend your license . and you WERE driving on a suspended license. dont piss and moan. dont take out your frustration on others. people. myself included, have lost thier licenses for far less and more or less illegaly. consider yourself lucky you dont go to jail.

and before you start complaining that the laws suck. i didnt make them. no one on this forum made them. they were made by your elected representatives under the banner of "For the Childrens Sake!"

moral of the story. lay off the hooch if you got your keys.

[p8ntbal4me]

I'll answer this,... I have a few questions to ask on behalf of someone sitting next to me!

Upon driving out of the courthouse parking lot, I was pulled over by those 2 marshalls for not using my left blinker.

Some verdicts have an active point of time where the license may be revoked.
Was your license revoked @ the time of the court date or later? If at the time of the court date then yes, the marshals can ticket you for driving with a suspended license.
If not, they can write the ticket, ticket you, and you can take it to the judge on teh date of the court appearance (which you must attend to void the ticket).

So, I was ticketed for that, and for driving with a suspended license. The marshalls then did a full search of my vehicle and found an empty alcohol container in the pocket behind my seat (not in plain sight).

Did they ask you if they could search the vehicle? If they did and you said yes,... then anything they find they can use against you. If they did and you said no, but they searched anyways, then you need to think about filing a suite against them for unlawful search and siesure without a warrent (yes a car does require a warrent to search in the absence of a DOT officer) (depending on state regulations) (if you have a CDL on your license they can search your personal car or Commercial vehicle without DOT present) <--- federally mandated

I was then issued another ticket for an open container. I had been drinking a bottled Diet Coke, and they also took my drink and put it in a plastic bag- like they were just trying to catch me with something else. After this, they had my vehicle towed, and left me to fend for myself in the parking lot. It was pitch black dark (7:00) and I knew nothing about the city that I was in.

1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?

Yes, you failed to signal prior to commiting to a turn. You are guilty of that traffic violation. This violation allows the officers right to "probable cause".

2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?

If you granted them permission yes. If you were asked and you said no, then yes and no. Yes they have a right because they have "probable cause". No they do not because you refused them entry to your vehicle. If they wrote any type of report along with the ticket and you can get the report, then most likely you can beat it. If its just a ticket and you want to appeal it,.. then your about 90% sure to beat the charge on the fact that you can claim you did not permit a search of your vehicle. (it depends on the information given and the statement, if any provided by the issuing officer)

The fact isnt that the container was not in plain sight, it was the fact that the container was in your vehicle at the time of the search. Had it been in a trash bag, with rotten garbage, in your trunk, and the bag was tied up,.. they stil could have ticketed you as having an open container. The problem for them would be that they could never take it to a judge to get a solid charge brought up against you. Even if you provided evidence that you were deathly allergic to alcohol,... they STILL can ticket you for an open container. Why? Because thats the law,.. and the law covers EVERYONE. It can not be bias.

3) Can the police just leave you in the location from which your vehicle was towed?

Yes they can. Looks like they did

Im not a lawyer, not a police officer, not a judge.
Have a good friend and family member who is one of those things and dictated their knowledge to me. Im just typing it out!!! (SO PLEASE DONT POKE FUN AT THIS POST,.... NOT MY WORDS!!!!!!!)

Added note: You were "smart" to refuse the breathalizer (sp?). But the DWI conviction will still ride on your record. Like someone else posted before this,... "the man" will get you if they want to. I have a cuz that PURPOSELY goes after DWI/DUI cases, showes up to court in EVERY case that goes to court because his father was a drunk and a user that beat him when he was younger. Its his way of making a difference now that he can. Get pulled over by him with no DWI,.. he will work with you. Get pulled over and have a DWI/DUI,.... not a chance in hell he will help you out.

[fire1811]

So wait let me get this straight HoppysMag. If I break the law they can punish me for it.... Man that is BS. What is this world coming to.

[grEnAlEins]

I'm sorry- I was unaware that you actually were "the man." Or maybe that's just all in your warped head. Furthermore, I am unaware as to why you even bothered to post this- you call me stupid, but you were the one who posted a response with no answers to any of my questions, just an opinion from "the man?" I do not want nor need your opinion. Thanks, but no thanks.

There was nothing wrong with that reply, and nothing implying that lohman was "the man." He answered your questions, and gave you advice. It should be noted that this is exactly what you asked for.

To answer your questions as simply as possible:
1)Yes
2)Yes
3)Yes

My suggestion to you, sir, is to quit being a knucklehead. That being said, welcome to AO

[maxama10]

I have to agree with Lohman on this one. Not to mention whatever sympathy I had is now lost due to your response. You broke the law, YOU LOSE, Good day sir.



/Modteam: IP check?

[Swampy]

This is why I go to the bar I walk home, right down the street. I asked a few local cops if I could still get in trouble for walking home drunk, they told me as long as I'm not loud, passed out in the middle of the street, or driving they don't give a damn.

Personaly I don't like you. DWI come on man thats just idiotic. Talk to any bartender and they will tell you "that its alright to leave your car/truck/van in the lot over night". Trust me I had to leave my truck in a couple of lots and catch a cab home or have someone pick me up.

[AO Moderation Team]

I'm sorry- I was unaware that you actually were "the man." Or maybe that's just all in your warped head. Furthermore, I am unaware as to why you even bothered to post this- you call me stupid, but you were the one who posted a response with no answers to any of my questions, just an opinion from "the man?" I do not want nor need your opinion. Thanks, but no thanks.

Take a note, this quote is your second post here.

Second note...Be aware, Lohman is the Man and although his head is smooth and maybe slightly skewed it is not warped. Did he call you stupid or did he say you were being stupid. Doesnt matter in this case really.

If you do not want or need then why did you bother to post here? Thanks but no thanks.

[LS1 WS6]

Quoted from above,
Did they ask you if they could search the vehicle? If they did and you said yes,... then anything they find they can use against you. If they did and you said no, but they searched anyways, then you need to think about filing a suite against them for unlawful search and siesure without a warrent (yes a car does require a warrent to search in the absence of a DOT officer) (depending on state regulations) (if you have a CDL on your license they can search your personal car or Commercial vehicle without DOT present) <--- federally mandated
--------------------------------------------------------------------------------------------------------

The officers did not need to ask permission for the search. If he was placed in cuffs or not, he was legally arrested for driving with a suspended license. Therefore, they have the right to search the vehicle. On top of that, as stated above, they had to do an inventory of the contents. That way, if he claimed something was taken out of the vehicle while the tow company had it, there would be some proof of that.

P.S. DON'T DRINK AND DRIVE.

[Pneumagger]

So you got a DWI and refused a breathalyser - which you must've had proale reason in your head you felt you may not pass (whatever that might mean). - #1

Then you show up to court with a suspended liscense and an open container in the car - smart move #2

Then you drive away in the same situation - smart move #3

You break a law in front of a courthouse under the current situation. - proactive thinking #4

All I can come to conclude is that this is natural selection via the judiciary system.