Asked in Criminal Law for Idaho

Q: arrested for DWP and then car searched and drugs found, but have proof that license was valid. Will all charges be drop

They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you, prior to pulling you over. What cops do as they motor about, is look at plates and call them into their CAD program to see if the driver is suspended or has a history of drug involvement etc., and if so, the cop will follow that driver until they make a traffic mistake and then pull them over. I personally call this a "pretext stop," but court's have routinely disagreed with me, so if the cop has a reasonable, articulable "suspicion," whether it was given him by the CAD program or Dispatch, saying that you were suspended, then he was authorized to pull you over. Once he pulls you over he will find out everything about you and although your DL wasn't actually suspended, the point the Court will make is that it "doesn't really matter" if you were or were not suspended, the only question is: did the cop have a reasonable suspicion that you were suspended? Based on that, I believe that the Court will uphold the officer's writing you a citation for DWP. Good Luck!

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