I got pulled over last night i wasn't able to see the officer until he turned on his lights and he also gave me a no seat belt

Asked about 1 year ago - Montgomery, AL

he was in a small parking structure it looked like he was also hidden no dime lights either i had my seat belt on the whole time but he gave me that as well i was not able to see it because he marked it light on the ticket and there was no speed sign he pulled me over just before the next speed sign now if you were to turn around there are three signs you can see clear as day i feel like there is a gap there and they know it that's why they post up around that spot also i did not have my license so i feel like the officer added that no seat belt because he knew he could get away with it and also it around the end of the month so he wanted to make his quote or add a little more to his chart i think its unfair and if i can get some help i will take it

Attorney answers (2)

  1. Patrick Mahaney

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The traffic code of the state of Alabama, like all traffic codes, is based on the legal theory of "strict liability." That means no intent on part of the motorist is required in order to obtain a conviciton. If you were in violation of the traffic code, that may be sufficient for the prosecution to obtain a conviction. However, consistent with Constitutional law, before a motorist may be stopped (or "seized" as the term is used in Fourth Amendment law), there must be at least a 'reasonable suspicion' of a violation. See, Terry v. Ohio, 392 U.S. 1 (1968). A law enforcement officer cannot as a matter of law simply stop an individual without at least some legally recognized level of 'reasonable suspicion.' Whether or not the officer had that requisite degree of reasonable suspicion is a question of law for the trial court to decide.

    Your best course of action is to retain the services of a qualified criminal defense lawyer, and especially one who specializes in DUI and traffic law. For a list of qualified attorneys in your area, check the listings of lawyers under the Avvo section of 'DUI/Traffic' lawyers.

  2. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Contact a traffic attorney in you locale. Your post, one long sentence, is tough to understand properly. The court will not be concerned about what you 'feel' is unfai, but about what you can say to the charge after the officer presents his evidence.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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