Kennewick, WA asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington

Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in the car. When the officer asked me to get out of the car I did and immediately started asking the officer what is it that you are Pulling me over for. He said I was speeding excessively and I know that I wasn’t so a repeatedly ask well how fast was I going officer can u tell me how fast I was going. The officer never once could tell me how fast I was excessively speeding. Gives me a ticket for dwls3 and fail to stop/give info obey officer. How is it I can get pulled over and get these charges when the officer fails to show proof or provide evidence of me breaking any laws for him to even pull me over

2 Lawyer Answers
Patrick Owen Earl
Patrick Owen Earl
Answered
  • Criminal Law Lawyer
  • Moses Lake, WA
  • Licensed in Washington

A: They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the posted speed limit and tried to use radar or something but due to his experience and training blah blah blah. Fight it. Maybe the court wouldn't believe that the officer had a good enough reason to stop you.

Cristine Beckwith
Cristine Beckwith
PREMIUM
Answered
  • Criminal Law Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: If a police officer obtains a reading on his LIDAR of excessive speed, he has probable cause to pull you over. Once his/her lights have been activated to initiate a stop, you must pull over as soon as reasonably safe to do so. There are defenses that can be made to the charges that you are facing and it is best to be represented by competent counsel.

Nadine Bertman agrees with this answer

2 users found this answer helpful

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