I have been driving my friends vehicle because his license is suspended, and i have been pulled over 2 nights in a row because of this. number one both incidents have been after 11pm so its dark and also both were on a rural hi way where the speeed limit is 55 mph. First off how can the officer possibly see in the car as we pass each other me going east him west at 55 mph, which also makes the treading of a plate impossible. There are roughly 15 cars of the same make model and year in the small community i live in so how can this keep happening. The officer never asks me for proof of ins. but tries to quiz me about my friend. I have not been speeding or have not done anything illegal to warrant a traffic stop. I can only wonder how many other people are being harrassed by driving a black 2008 pontiac grand prix?
Family Law Attorney
Hello. Since you have been stopped by police two days in a row, I urge you to seek private legal counsel at this time. You may phone me. Tricia Dwyer, Esq. at 612-296-9666. The general rule regarding police stops of motor vehicles is that a police officer (peace officer) may stop and temporarily detain a motor vehicle if the officer has specific, articulable facts which, together with reasonable inferences that may be drawn from those facts, reasonably warrant the intrusion. In other words, to make an investigatory stop of a motor vehicle, an officer must have a reasonable suspicion that a crime has been committed or is being committed. A motor vehicle stop may not be based on ‘mere whim, caprice, or idle curiosity’ of the officer. There are devices that ‘read’ license plates, known by several terms, one of which is Automatic License Plate Recognition. Minnesota law enforcement makes use of such devices. I suggest you google that term to learn about those sorts of devices. All the best.
1 lawyer agrees
Criminal Defense Attorney
You are likely getting pulled over because the vehicle you are driving is registered to someone with a suspended license and police believe that person is driving. That is a legitimate reason to stop a vehicle to inquire, though you may not have broken any other traffic laws.
Car / Auto Accident Lawyer
In your case the police have reasonable suspicion to make a traffic stop on the car that you are driving. The registered owner has a suspended drivers' license. In the dark the officer cannot determine who is driving and it is reasonable to assume that the driver is the owner. You do not describe anything the officer has done wrong after stoping you and determining that you are not the registered owner. If other people are being stopped for no reason while driving a black 2008 Grand Prix, then maybe they are being harassed, but in my opinion you are not.
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.