Wednesday, January 7, 2015

Can the police stop you with no traffic violation & only because they ran your tag which came back to a suspended DL? ~ AVVO BEST ANSWER ~ Michael A. Haber, Esq. **ARRESTED

Q:     I stopped at a red light and couple second later got pull over because a sheriff checked my tag which showed that my license had expired 6 months ago.  Now I have to go to court.  Do I have any rights to fight the sheriff's?


A:   Chosen as "Best Answer" by Asker!


Michael Adam Haber

PRO


Contributor Level 20

Best Answer
chosen by asker
Answered Are you asking if you can sue the sheriff, if you can fight the citation or something else?

If you are inquiring about a civil lawsuit then the answer is no. The sheriff has every right - and an obligation in fact - to run license plates and to cite those who are driving with expired ones.

If you are asking about whether or not you can plead not guilty and fight / contest the citation then the answer is yes. In fact in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Plant City area per se, but in Miami, Fl, where I have been a practicing criminal defense lawyer for 23+ years, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

If you are asking something else then please repost a more clear statement.

In any event I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt".

Michael A. Haber, Esq. is prepared to speak with you about your case!




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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