I Got Stopped For No Probable Cause? You Be The Judge

Status
Not open for further replies.

PBSOT

New Member
First of all, I am a latino male, im 21 but was 20 when the incident happened. Lets just say that by appearance i may look suspicious because i shave my hair. I dont have a liscense, and i am illegal. I came here when i was 4 so i picture myself as an American. Please, no discrimination, i came here for legal help regarding my ticket, not to debate about Illegal Immigration, so lets stick to the subject.

Ok heres my story...

I was at the mall friday afternoon with a friend(male/latino/20yrs) hes bald. I went to go buy some shoes because i was going to go see a female friend so i was excited about that, so i start my truck and we exit the mall and were on the street. There is a red light and Heavy traffic because of the fact that the mall is by freeway. So me and my friend are on the right lane waiting at to make a right, there was about 6 cars in front of me, and all of the sudden i see a cop in the middle lane, but she is about 3 cars in front of us, and i figured that we are good because she is going to go straight when the light turns green.

So finally the light turns green and i go, but this cop stays where she is at and makes a right into my lane, but luckily there was still a car behind me, so it was ok, so i make a right onto the street and the car behind me goes into the freeway, so now the cop is behind me, so i make a left because of the traffic on that lane, so now i am on the middle lane, and she follows me, then she turns her lights on and i stop. She asks me for Liscense and reg. so i give her my id and registration and i let her know that i do not have a liscense, so she tells me to please step out, so me and my buddy step out with upmost respect because we know from past experience to not be a smart a$$ and keep silent unless they ask you a question. so i sit and i ask her politely, "with all due respect maam, can you tell me that i got stopped?" she said that my tabs were scratched and that she couldnt tell if they were up to date.(now i just want to say that we got the new tabs march of this year.) Ok so i accepted that hoping that my stepdads truck wouldnt get towed. After that we were neglected for the rest of the time, which was ok with us, and i asked her if i could get allmy stuff out, and she said that she would get them out, and she found a beer that was mine, but not open, so my charges that she wrote on the ticket were, unlicensed driver(misdeamenor), Minor possesion of alcohol(Misdeamenor) and tabs not visible(infraction- can be corrected) now this was the main reason i got stopped. So i went online to check my case, and online is says that i am being charged for not having ANY tabs on the truck.

ok so my question is, can i fight this and have a reasonable chance of winning? My court date is on wednesday and i and thinking about fighting it. what are the pros and cons?
 
Unless you can prove that your tabs were visible/readable and the officer had no other reason to make the stop, then you are stuck with this.
In your comments above you do not argue that the tabs were visible, so it seems the officer likely did find a legitimate reason to stop you.

That said, it sounds very much like the officer was looking for a reason to stop you, but that does not matter so much, so long as a valid violation was found.

You were unlicensed, so the inventory of your vehicle and discovery of the beer is legitimate.

As you describe it, you are likely stuck with this citation. Being unlicensed, I doubt you will have much luck trying to reduce it. Your best bet would be with the assistance of a private attorney.

For what it's worth though, I frequently stop vehicles for the same reason- tabs that are difficult to read or otherwise appear tampered with are often stolen from another vehicle, and it is a pet peeve of mine. It could be the same for this officer as well. Don't try to turn this into a racial issue, as it seems you are thinking. You have offered absolutely no information that supports that assumption.
 
So i went online to check my case, and online is says that i am being charged for not having ANY tabs on the truck.
If cited for 5204 VC then that may be the shorthand the court used on their website. The section would often be the same for illegible or missing tabs.

ok so my question is, can i fight this and have a reasonable chance of winning? My court date is on wednesday and i and thinking about fighting it. what are the pros and cons?
Well, you can show the court a picture of the tabs, explain that the picture is a true representation of what they looked like at the time of the stop, and hope that the judge believes you and agrees that they appeared to be legible.

Clearly, you want to make this a racial issue, but absent some clear evidence of a solely racial bias for the stop, this is an issue you do not want to even bring up.
 


This person entered this country illegally, drives illegally (without a drivers license), is found to possess CONTRABAND, probably NO insurance; and yet our constitution protects him/her. :yes:

I am certain his/her country of origin would readily welcome his/her return.

I wonder what fate a US citizen would suffer in the country from which this person fled as an ILLEGAL, with NO drivers license, NO insurance????? :dgrin

I'll be so pleased when I flee (LEGALLY) the country I defended for 30 years that has so lost its way! :rolleyes:

 
Last edited:
I am not trying to make this racial, might i add that the female police officer was black. And if i did make is seem racial then i sincerely apologize, but how am i trying to make this racial? All I said was that she found 2 guys in a truck that looked like they were up to no good, and i accept the fact that my appearance might alert local law enforcement, i also accept the fact that she tried to find a reason to pull me over, but as a human being i have the right to stand up for myself, and i am trying to find answers on here so when i am in front of the judge i can do what i can to defend myself.
 
I am not trying to make this racial, might i add that the female police officer was black. And if i did make is seem racial then i sincerely apologize, but how am i trying to make this racial? All I said was that she found 2 guys in a truck that looked like they were up to no good, and i accept the fact that my appearance might alert local law enforcement, i also accept the fact that she tried to find a reason to pull me over, but as a human being i have the right to stand up for myself, and i am trying to find answers on here so when i am in front of the judge i can do what i can to defend myself.



You should know that once your ILLEGAL ALIEN status is determined, you may have broader, more far reaching concerns.
 
The only thing you can do is as has been stated - take a picture of the plates with the tabs as they are and show that to the judge.

But I'm afraid ArmyJudge is correct. Once they find out about your status, you are more than likely going to end up quite a bit lower on the map.
 
Status
Not open for further replies.
Back
Top