Q: I passed a few vehicles and a few miles down the road a sheriff was waiting for me.
I passed a few vehicles and a few miles down the road a sheriff was waiting for me. He did not witness me violating any traffic laws but still pulled me over with the only reason being that one of the civilian cars I passed called the sheriff saying I was speeding. I did not admit to it, he proceeded to run my license and arrested me for auo 3rd after stopping me for a violation that he did not witness himself. Was he legally allowed to pull me over simply from hearsay and can I get my auo 3rd dropped if it was an illegal traffic stop?
A: I don't hear anything illegal about the stop if there actually was a report made about your car allegedly speeding, as that would qualify as reasonable suspicion. To verify whether such a report was made, you may subpoena such evidence if you challenge the ticket. As for the AUO, if you can prove that no actual report was made re: your car speeding, and thus if the stop was not based on reasonable suspicion, then you may be able to allege that the search of your driving history which led to the AUO violation was the fruit of an illegal search and thus such evidence should be excluded from any trial re: the AUO. I don't see how the cop would have an independent basis to have cited you for the AUO, absent the post-stop search. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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