Traffic stop, officer confiscated my firearms.

[TTravis]

I've put together a "motion to suppress evidence" based on the notion that my trailer lights were legal and therefore the LEO did not have probable cause to stop me due to his "mistake of law". I did this based on several examples and a little help from a family member that happens to be a lawyer. It took a lot of work and research, but I think I stand a pretty good chance. Not an easy way to save $150 though!

I gained a lot from this experience. I have a new understanding and appreciation for my 2A, 4A, and 5A rights. I won't be so quick to hand over my LTCH and volunteer the fact that I have firearms, much less let the LEO touch them next time I get pulled over for a traffic infraction. And I know in this day and age, it is much easier to research the law and share experience with others through the internet***,, something I did not have last time I got a ticket.

I may call a buddy of mine who is an instructor at the Indiana Law Enforcement Academy, only a few miles from me and see exactly what they teach, and how much time is spent on the the laws regarding vehicle lights, trailers, and what exactly is required. If some LEO wanted to share how much training they received on the subject, I would appreciate if they would share it here.

 

[sloughfoot]

You really should consider having a lawyer when you face the Judge.

 

[TTravis]

You really should consider having a lawyer when you face the Judge.

I would love to have a lawyer but unfortunately cost a lot of money. With only $150 on the line, it makes no sense. I did call around and the cheapest I could come up with was around $500 for someone to show up and hold my hand while I plea guilty and beg for mercy. I've already set aside the $150 + maybe $35 court cost and am going for it.

 

[TTravis]

The only reason I could see getting a lawyer to help me defend the ticket would be if I wanted to use that same lawyer to help me sue the LEO and PD. I've been pretty much persuaded not to do that.

 

[youngda9]

Accept responsibility for your actions, take your lumps, learn from your mistakes, and move on and be a better person because of it.

 

[pig957]

Accept responsibility for your actions, take your lumps, learn from your mistakes, and move on and be a better person because of it.

Good advise.
At .5 BAC, it is the officer's decision to release the driver. I can not speak for the officer, however, I believe he removed your weapons for safety (right or wrong).

I don't think this is a battle you should fight.

 

[tbhausen]

The most important part about this thread is its lessons for all of us, not whether the OP fights the charges or even whether he wins or loses.

I'm certain many of us have done some or all of the things both the OP and his son did wrong/illegaly... What will we do next time?

As an aside, I was involved in a somewhat similar situation a couple years back (which didn't involve firearms) wherein my 4A rights were clearly infringed. I made the "snap decision" to just roll with it, as I had nothing to hide. The outcome justified the approach, despite how abhorrent some of you may find my handling of the situation were I to provide details (which I will not). I appreciated the officers' reasonableness--it could have been much worse for me and I was glad to walk away standing tall.

 

[jamil]

Several people, I think including some LEOs said the trailer needs lights. Are you sure you have a case?

 

[Concerned Citizen]

If your son had his learners permit, the stop may have gone exactly the same way. My son has his learner's permit, and it is illegal for me to let him drive while I'M intoxicated. After he gets his DL, he can be my designated driver, but not while he has his permit.

 

[TTravis]

Several people, I think including some LEOs said the trailer needs lights. Are you sure you have a case?

I thought that was the case also until I read IC 9-19-6-7 (6) (B) carefully and had it checked out.

 

[TTravis]

If your son had his learners permit, the stop may have gone exactly the same way. My son has his learner's permit, and it is illegal for me to let him drive while I'M intoxicated. After he gets his DL, he can be my designated driver, but not while he has his permit.

In Indiana, you can even ride inside your car with a designated, fully licensed, legal driver and get a PI for any amount of alcohol. It kinda kills the incentive of calling a cab or having a designated driver. I have not had a drink since that day anyway. It's not worth the hassle. That law needs to be changed and probably will in the near future.

 

[mrjarrell]

http://www.youtube.com/watch?v=2-lGhKrypb0

 

[TTravis]

That brings back memories and makes me feel old. What year was that? 70s ???

 

[KG1]

To the OP, If you feel that you have a case against being pulled over without proper PC then by all means I think you should proceed with the course of action that you suggested. I whole heartedly agree with your right to do that. As far as anything that may have happened after being pulled over i'm not going to cast stones in your direction because after reading thru some of your posts it seems like you have a handle on the situation and you already know mistakes were made and acknowledge some things you would have done differently. Good luck in your endeavors and stay on course.

 

[mrjarrell]

1987, according to the blurb in the video. I saw them in Baltimore back around 84 or 85. It was a great show, they were touring with Mountain, at the time.

 

[j706]

In Indiana, you can even ride inside your car with a designated, fully licensed, legal driver and get a PI for any amount of alcohol. It kinda kills the incentive of calling a cab or having a designated driver. I have not had a drink since that day anyway. It's not worth the hassle. That law needs to be changed and probably will in the near future.

I just read all 14 pages of this thread. I would kindly suggest you consider paying the fine and letting it go. I see all kinds of bad things that could come out of this stop for you. It is obvious that your intentions were not criminal but the fact remains that your actions were in fact criminal on more than one charge.

Keep in mind the officer and or PO have two years to file any additional charges on you. If you go in to court and tick off the judge and PO with petty little theory's you are very likely going to irritate some folks. They will be looking at the fact that you was given a pretty good break but decided to make waves. Also seeing that you was mailed a summons you can be assured the PO is familiar with your case. They more than likely ran a triple III on you and saw that you had not been in any trouble to speak of, if any.

If we are talking about Hendricks County you might want to really reconsider. They have the man power,the time and the space to accommodate you and they will do so in a heartbeat. I work in Hendricks County and I can assure you they don't play down at 51 W Main.

Lawyers? They want your money and they will be more than happy to assist you in ticking off the court. Pay the stupid fine man and be done with it. There is much more at stake here than a little 150.00 fine. Something to consider. Good luck to you.

 

[TTravis]

If we are talking about Hendricks County you might want to really reconsider. They have the man power,the time and the space to accommodate you and they will do so in a heartbeat. I work in Hendricks County and I can assure you they don't play down at 51 W Main.

Lawyers? They want your money and they will be more than happy to assist you in ticking off the court. Pay the stupid fine man and be done with it. There is much more at stake here than a little 150.00 fine. Something to consider. Good luck to you.

I would rather not say which county. I don't think, but I will verify, that they can't pile on more charges now that I have been formally charged, plead not guilty, and the trial process us underway. Wouldn't that be like a reverse plea bargain if they threaten to charge me with more or something worse. If I get the case thrown out based on probable cause, then basically the stop did not happen and they have nothing to go on. I won't have to worry about my son being charged either.

I am searching for another example of "mistake of law" and trailer brake lights.

 

[Denny347]

I could have been arrested for operating while intoxicated but all I got was this lousy $150 non-pointable ticket...

 

[TTravis]

I could have been arrested for operating while intoxicated but all I got was this lousy $150 non-pointable ticket...

It's 4 points.

 

[lrahm]

I would love to have a lawyer but unfortunately cost a lot of money. With only $150 on the line, it makes no sense. I did call around and the cheapest I could come up with was around $500 for someone to show up and hold my hand while I plea guilty and beg for mercy. I've already set aside the $150 + maybe $35 court cost and am going for it.

What is the old quote? The person who represents himself, has a fool for a client. Not trying to insult, I apologize. You were .07% and you let your underage child drive. You take that to court, you will lose. Either hire a lawyer, talk to a supervisor, plead not guilty or plead guilty. I know what I would do.