Legal Question in DUI Law in Washington

I was driving my brother's truck, with him next to me, and was pulled over. The officer said he pulled us over for having a brake light out. When pressed, he said, rather, for not having a brake light in the back window. SUV's manufactured prior to 1993 are not required to have high-mounted brake lights. 2 weeks ago, my brother was pulled over in this same town, and same truck and been found with a gift/collector's knife; charged with carrying a weapon. So his truck and my brother were in the computer system...there is no chance that the officer did not run the plates prior to hitting his lights and he did know the year/make of the car. Is this an illegal stop? I got in trouble for being under the influnece of medication - officer said I must of taken too much of either my prescription medicine or some other unknown substance - and 'made' me take a blood test. I was released pending lab tests. Aside from other possible defenses, what are my chances of suppressing all that came after the (illegal) stop?

Asked on 10/26/11, 6:54 pm

1 Answer from Attorneys

Jonathan Baner Baner & Baner

Typically officers run plates after routine traffic stops. The questions I would have would relate to whether the stop was a pretext, whether the proper procedure for obtaining a blood test was obtained, whether there was probable cause to believe DUI, what the test results yield. As far as "chances" you have to go to vegas if you want the Vegas line. Every criminal offense is unique, however, you appear, based on what your saying here, to have options to pursue with your attorney.

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Answered on 10/26/11, 8:17 pm

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