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Was what they did illegal? And do I really have to pay for this if I have no job, no income, and a function license plate light?
Irvine, CA
Viewed 19 times.
Posted 22 days ago in Speeding / Traffic Ticket
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I was pulled over last night in Irvine, CA for my license plate light. The ticket said that the license plate light was not functional; however, the cop said the light was too dim and my light seems to me to be working completely fine. the the cop goes on to say he smells marijuana in the car, and pulls me out of the car and places me on the curb. He then asks to search my car and i deny him right to do so. He then claims to have asked my permission out of courtesy, as he proceeds to illegally search my car claiming 'the smell' justifies his right to a search. He then spends ~30 min combing through my car, twice! During this time I'm placed on the curb on wet grass and I'm shivering cold. He ends up finding absolutely nothing, as I knew he would. Now I'm expected to pay a fix-it ticket?
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Answers (2)Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 22 days ago.
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From your posting, the search basis is at least questionable. Consider having your plate light checked by a service station to determine that it is operating correctly, and then consult with one of the excellent CA defense lawyers who list here on Avvo.com to determine what impact the service station check will have on the disposition of the summons. You can also discuss the questionable search and the impact it will have if you contest the summons. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Joseph Briscoe Dane
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