A Maryland DUI Defense Lawyer Discusses Pretext Stops

Given that the consequences of a DUI conviction can be quite serious, and effect your ability to get to and from work, not to mention be very expensive, you would do well to hire a Maryland DUI  law firm to fight for your rights.

Equipment violations are a frequent basis for a traffic stop. A Maryland DUI law firm attorney is well placed to advise you if you find yourself in a similar situation.

No License Plate Light
Your Maryland DUI law firm lawyer can describe two cases in Texas in which equipment violation stops were ruled lawful. In the first, the vehicle lacked a license plate light. In the second, the license plate was propped against a tissue box on the back dash of the car.

License Plates and Window Tinting
Two additional court decisions in California illustrate that equipment stops can be lawful. In one, the vehicle’s license plate was not fully visible. This violates California vehicle code, and the detention was ruled correct. In the other, the vehicle was stopped because the officer believed that the tinting of the windows was illegal. Even though his knowledge of the laws in place concerning window tinting was in error, he was correct in his suspicion and the stop was ruled lawful. It was upheld by the Ninth Circuit because the officer’s belief that the tinting was an equipment violation was sound. 

Good faith mistakes
Your Maryland DUI law firm lawyer can point to cases in which good faith mistakes in law were not enough for a stop to be ruled proper. An officer in Michigan stopped a vehicle based on an error concerning the number of license plates issued in Michigan. Although it was an honest mistake, the Sixth Circuit did not rule the stop proper. 

The difference between the Michigan case and the case in California concerning tinted windows was that the tinting of the windows was genuinely illegal. The only error was in the extent of the officer’s knowledge of the applicable law.

Find the answers you need
Your Maryland DUI law firm is the place to go to find help. Contact Rowe, Weinstein & Sohn, PLLC at 301-770-4710 or 1-888-340-7583 today.

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