Does the following scenario sound familiar? You’re pulled over by law enforcement for having a defective tail light. Or perhaps you were driving 10 miles per hour over the posted speed limit. In other words, you were stopped for relatively innocuous conduct not necessarily indicative of drunk driving / driving under the influence. The police officer approaches your car and asks for your driver’s license, proof of insurance and registration. Next, he walks back to his police cruiser and checks his computer system for warrants. He returns to your car and asks you to step out of your vehicle.
Interesting scenario, isn’t it? Why are you being asked to step out of your vehicle? What does your stepping out of the vehicle have to do with a defective tail light? Or traveling 10 mph over the posted speed limit? Or having an improperly illuminated license plate? Or having an oversized trailer hitch? Etc, etc. These are all excellent questions. You have excellent instincts when it comes to your legal rights because I am also intrigued why the police officer would ask you to step outside your automobile when the basis for the traffic stop was a mere non-criminal traffic infraction.
Removal of a driver from a vehicle stopped for an infraction can be premised upon two grounds: (1) Removal is within in the scope of the original traffic stop, or (2) the officer since the time of the stop has acquired lawful, reasonable suspicion for further investigation. State v. Allen, 138 Wn.App. 463,471 (2007).
Detention for a traffic infraction is controlled by statute, specifically RCW 46.61.021(2), which reads as follows: Whenever a person is stopped for a infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person’s license, insurance identification card, and the vehicle’s registration, and complete and issue a notice of infraction.
What does this all mean? It means, you should consider lawyering up. Straight up. Do not let the legal system steam roll you. Checks and balances, right? Criminal defense attorneys work to keep the government in check. This can only be accomplished by seeking out an attorney familiar with the laws governing your rights and spotting law enforcements trespasses against those very rights guaranteed to you by both the US Constitution and the Washington State Constitution.
Matthew R. Hoff, Attorney at Law is a criminal defense law firm in Vancouver, WA located at 2901 Main St., in Vancouver, Washington. I have over 10 years of experience defending clients in criminal matters including DUI, Domestic Violence (DV) and Drug Possession cases. Make the call with confidence. I enjoy my job.
