Even though Marijuana use is legal, driving under the influence isn't. In California, 23152(f) VC - It is unlawful to drive while under the influence of any drug. In California, any equipment violation is a good stop. However, the most common was license plate light. It was used so much, the Judges no longer consider it a valid stop for an arrest. Judges found the officers were "fishing".
These are good videos and a major reason I hardly ever watch tv anymore. Absorbing a 10 min video to less stressful than having to concentrate on a 1 hr tv show or 2 hr movie.
i was on my motorcycle, cop said was swerving in my lane. I was on a really hilly and curvy road . I said was was not swerving I was apexing the curve. He said what is apexing a curve. I showed him a video on youtube on the proper way to apex a curve. The prick still wrote me a ticket. I beat it. the Judge was a rider too
I am a fairly serous rider too and I do the corner apex thing - I also move to the right of the lane before I hit the apex of a hill (incase some cage driver has a few wheels in my lane) plus I swerve for potholes. I think I should carry a few thousand in bail money in your state.
Hey Virginia I’m gonna celebrate at 4:20 for you and your liberty to enjoy life with all it’s plants and life. All hale to freedom!!!! Really Andy, I enjoy your educational videos and hope you can keep them going....
Hello! Thanks for these videos, very appreciated. I've been watching some 1st amendment auditing videos and I'm curious as to the legality of reasonable suspicion, detainment, and ID requests in our state while driving and as a pedestrian. As far as I can tell, police can detain us but aren't required to tell us under what suspicion - so what questions should we ask the officer to catch them in the act of illegal detention if the footage of the interaction was later brought to court?
I don't recommend asking the officer any questions. Anything you say can and will be used against you, so even asking questions can be problematic. The only potential question that makes sense is "Am I free to leave?" If the officer says "yes," leave. If the officer says "no," now he's made it clear that you are being detained, and he will have to justify the detention in court.
@@palmermcmath5822 - There are also Consensual Encounters where an officer may ask, "Can I speak with you". It happens more often than not, especially during the early morning hours when most people are sleeping.
Thank you. I live in VA and these are some amazing tips. VA is getting better. we are getting some laws to protect ourselves. that's good. make more VA videos, please. i need to know more.
Even in Washington state where medical and recreational mJ is "legal" your doctor and even cops will site federal law -being illegal. The feds did say the states can decide for themselves. And the "weed breathalyzer can show traces from weeks ago. Convenient discrepancies.
I like your upbeat attitude. A lot of the police corruption occurring is very very saddening and demoralizing. This is a much more positive vibe while discussing the same issues: civil rights
The police do stop people to alert them that a tail light is out. They are polite and simply tell the person and advise them to get it fixed for safety reasons. One you missed is can they pull you over for driving with your turn signal on. (for more than up to do a turn)
I once got pulled over 7 times in a 3 hour drive late one Xmas night heading home from family due to a headlight being out. I had work early the next day and there was no where possible in small towns in my state between destinations to get a new one. Most were fairly pleasant encounters considering with one exception, but even he didn't make me do the stupid human tricks, just a bunch of unnecessary questions about if I had anything to drink and whatever. By the last few times I just had ID and proof of insurance out and ready and explained I'd already been pulled over X times and know and swear ill get it fixed tomorrow. That attitude seemed to get me moving along much quicker.
The cops can pull anyone over any time they please, and they can circumvent things like “probable cause” by saying you weaved, hence their suspicion of DUI. 😔
@@keithstewart7514 "RAS" is all that's needed to justify a BRIEF "detention". We see that at times, a subject is "detained", harangued by the officers, and handcuffed, made to sit on the sidewalk or in the patrol car, or even placed on the street in the prone position, with an officer's boot on his back or the back of his head, and though the cops have, de facto, ARRESTED him, they still have the nerve to say he's "only being detained".
In texas they can definitely pull you over for not using a turn signal. I was pulled over and convicted of just that. And there was no other traffic around me. It was the last day of the month and the cop was hiding looking for anyone who might brake the law to get his months quota of tickets. Now in texas you can't be ticked over swerving into other lanes on the condition that there is no other traffic that can be affected. If you are ticked for swerving into other lanes the cop has to prove that other traffic was affected in some way.
Here in Oregon they can search your car if they smell Marijuana and they will give you a DUI for it. I am just waiting for someone to use the defense that it is classified as a Performance Enhancing Drug by the International Olympic Committee. Also they have no good way to prove impairment and in my case I am a medical patient and have THC in my blood at all times even if I have not used any that day yet I am not impaired in any way. I just make it point to never have any in the car and never use it while driving.
Australian here. So, if you get pulled over for not using your turn signal and it turns out that you were blind drunk, you take it to court and are able to prove (say, by dash cam) that no other traffic was affected by you not using your turn signal, they let you off on that and they also have to let you off on the DUI to continue driving blind drunk. Have I got that right?
My local PD in Kansas have been known to stop you for having a license plate light out. Yeah, bogus stops for the slightest of reasons just hoping to be lucky on a possible arrest for something else.
As a former Military Police Officer, y’all should know that if the cop is using Radar to click your speed, there’s about a 7mph margin for error, especially if the officer is positioned on an incline or decline from where he clocked you. This is why most police won’t stop you unless you’re over 7mph. Small town cops assume you don’t know this & will just pay the fine. Also, the officer also has to do a pre & post functions test with a special tuning fork to make sure the equipment is functioning properly. These are not things to argue at the scene but information you can ask the officer in preparation for court. Ask the officer if they’re using Radar or Lydar(laser, which is way more accurate and harder to beat), don’t ask if they dod the functions test, save that for court & play dumb and ask where the officer was exactly when he clocked you. You can always come back and document this. A good attorney should argue this for you but it’s good information to know.
Police will make up a reason to stop a motorist. I'm a veteran of traffic stops. One time cops in Westland MI stopped me while I was driving my Olds Toronado. "why do you have an Oldsmobile plate on a Cadillac ?" the cop asked. I answered (much more politely than I needed to) "it's an Oldsmobile, it even says so on the trunk lid". I've been pulled over and checked out -license, registration, proof of insurance taken- when I was doing everything legal. Cops do that just to see what a young person is up to.
I was behind a car at night with only 1 of the 3 brake lights working & it was unnerving because it was barely distinguishable from the running lights. Also remember, pot is federally illegal, although I know it's unlikely to be pulled over or otherwise targeted by fed. law enforcement for possession or use.
Pot being legal still means you cant drive while smoking it. Its the same as alcohol now. You cant drive under the influence. If alcohol is not present you can be checked by a DRE (drug recognition expert) for driving under the infulence. So if your eyes are dialated and bloodshot from overdoing it on weed, then the DRE can call it for driving under the influence. A good guide for weed is, can I do that with an open container of alcohol? If the answer is no, then its the same for Marijuana. Especially in NJ NY PA.
Any cop that pulls you over claiming an "anonymous tip," or "suspected vehicle," or something of the like; call dispatch and request the local sheriff and remain silent!
On the turn signal, does traffic include pedestrian traffic? Strictly from the point of view of a pedestrian, I have had quite a few close calls that could have been avoided by a driver using their turn signal to warn me that they are about to turn and cross a sidewalk (driveways) or crosswalk (intersections).
Please follow up "when the bill takes effect" with *WHEN* it takes effect. You never know when someone will look at the video and miss seeing when it was posted.
They might not pull you over for one headlight, but I bet some will try the "just stopped you to let you know". So they can try to come up with something, or trick you into saying something. While having a "friendly" conversation. Which of course leads into the next video. Lol
I had had a headlight out for a few months due to lack of funds available to buy a replacement (yes I was dirt broke lol). Suddenly one week I got pulled over 3 times for it before I could finally fix it. Didn't get any tickets at all, they just stopped me, ran my docs, then let me go. Sucks though because I was doing food deliveries and was almost late enough because of the stop to be deactivated for it.
Once got caught in South Jersey on that swerving within your lane. I had just dropped my brother off to catch the bus in Philly to get to his base in North Carolina. He'd been visiting and my mother was starting a slow death from auto-immune disease. On the way back, at around 1am, I was doing slightly below the speed limit and trying to check if there was a better way to get home. No GPS or anything, so I had the map open beside me, I'd go to the edge of the center line, set it drifting very slowly towarids the side, and then redo it every 20 seconds or so. I'd pull the folded map in front of the steering wheel for those 20 seconds and look at it while also glancing ahead. No traffic on this straight two lane road for miles ahead of me, and there was a car behind me. Didn't think anything about it until he flashed his lights and pulled me over. I was young and ignorant, and explained mostly why I was driving, who I had dropped off, and why I was checking the map. He write me a ticket for not watching the road ahead, I think at the time the charge was careless driving and they could get you for eating a sandwich while driving, it was very hard to beat. Since I had essentially admitted to it, I simply pleaded guilty. So you can be pulled over, and if you talk too much, get ticketed, for swerving in your own lane in New Jersey.
1. Speeding: Well, there is a good reason there is a speed limit. Usually, when driving faster than the limit, you put yourself and, more important, other in unnecessary danger. So, yes, police should of course stop you for speeding. In my country, you will not get stopped for going 1 or two miles faster, because that is within the 5% window of variability of your speedometer and even the equipment the police is using. 2. Plates of a suspended license: Again, that is OK, especially with the caveat that the person must resemble the suspended driver. Fine by me. 3. Smelling Marijuana: That is a bit hard to believe. Even with cannabis being legal, it is (correct me if I am wrong) illegal to drive under the influence of cannabis (depending of how many ng/µl you have in your blood, of course). Isn't it the same with smelling alcohol? You can stop someone, if the car smells like a brewery. This should be OK with other drugs, too. Even when legal. If the police has a reason to believe the driver is consuming or has recently consumed a drug, that can negatively influence his/her ability to drive a vehicle, I HOPE then can check this. That would be on par with other signs of DUI, like swerving. If this cannot be checked, it will end up killing people. Hopefully only the one responsible, but as with alcohol, a lot of innocent bystanders will also be killed. This should be adjusted. Fast. I am all for legalizing cannabis, but you should not drive a car after you consumed it for at least 48h (retention is longer than for alcohol and less linear). 4. Anonymous tip: This should depend on what kind of tip. Driving recklessly or being the wanted murderer...yeah, sure. But I feel there should be a limit depending on the deed done. Is a misdemeanor OK? 5. Headlight out: And here we have another one that I would like to see changed. I know of several collisions (often with motorcycles) that happend, because someone mistook the oncoming traffic for a motorcycle and then hit the car. At least police should be able to pull you over to tell you the headlight is out. And it usually is a quick fix. I have lamps in my car and it takes 5 min to change them. There is a reason why a car needs two headlights and cannot have one bigger one in the middle. It's the same with trucks having light on top, too. So you can see what kind on vehicle with what dimensions is coming towards you. This seems to be one a bad idea. If your car is not fully functional, you should not be allowed to drive it. 6. Turn signal: Same as above. In my country it's even more strict. You have to use it. Period. If you a on a deserted road and nobody is around, you still have to use it when you change lanes or turn. That makes it easier for everybody. Just use it. If you learn to use it every time, it will become a reflex and you never forget it. And it makes it easier for law enforcement and judges. because there are no excuses and no decisions as to if this other car was already near enough to be affected or not etc. it's a simple yes/no. And, please, it's the same with speeding on empty roads, or ignoring traffic lights when alone: Don't do it. Why? 1. Because you might tell yourself, you only do it, because there is nobody around and you would never do it if there are others and cars and whatever. That is a lie. You will not always be thorough and it's a bad habit that will stay with you. You WILL so (and probably have done) it in more dangerous times. And it will kill you. And others. Ask all those idiots that ran over a person while turning. It's always a "I should have..."-situation, but now you killed someone and it could have been avoided simply by using your effing turn signal. It's not that hard. Just follow the rules. There are a lot of stupid laws around (I personally do care about copyright laws...), but when it comes to endangering yourself and others, there is no margin of error. Traffic code is important and it's not that hard to follow. 7. Swerving: I am not the least bit surprised about this. It just makes sense. It does not matter, if you manage to confine your inability to drive to your own lane. You are still displaying signs of DUI or other problems and just because at this moment you might be able to stay in your lane does not mean it will be the same in 2min. Again, there is danger in people that are not able to handle their car or traffic. Keep them off the road before they kill themselves and others.
@@fivebooks8498 Well, there is way less national socialism in Germany today than in the US. Displaying a swastika or denying the Holocaust is a criminal act and will get you in front of a judge in no time. What we call right.wing conservatives, the US calls communists (and that lack of awareness always makes me laugh). So much for the "N@zi" comparison, as light-hearted as it may have been. That is a thing you should not joke about in Germany. As for soulless cops... for one, there are less than 10 instances of cops killing someone in the line of duty per year. In the US that would be called a slow weekend in Cleveland. And most German cops would really like to legalize cannabis, just to ease the workload. There is no glory in booking teens on smoking weed in the park. All in all, police in Germany is doing their job and protect and serve.
@@paulcampise3050 That probably does not sound as cool and gritty as you wanted it to. Sounds like there is a general problem with violence and human rights in the US. Being barely on the verge of a failed state is nothing to brag about. It usually is the executive that sets the tune for the criminals to follow.
Even though the cops can’t pull you over, in Virginia, for faulty equipment you really shouldn’t make that a reason TO have faulty equipment. Someone not seeing your break light can get you into an accident, & having a broken tail light can cause the accident to be your fault.
Didn’t scotus just decide that a one taillight stop was legal, even though that wasn’t against the law in the state (north Carolina?)they called it a good faith mistake or some bs
I am not a lawyer.... BUT I CAN READ & THINK ! I posted on this channel before.... I am in KALIFORNIA .... where The Constitution and THE LAW ITSELF is always ignored... In the USA THE COMMON LAW OF ENGLAND is the RULE IN ALL COURTS and it has to COMPLY WITH THE CONSTITUTION!!! As can be seen from PENAL CODE 1463 -- ARREST is performed when A NOTICE TO APPEAR ("TICKET") IS ISSUED ! ************************** State of California PENAL CODE Section 1463 The following definitions shall apply to terms used in this chapter: (a) “Arrest” means any law enforcement action, including issuance of a notice to appear or notice of violation, which results in a criminal charge. ************************** But one cannot be ARRESTED WITHOUT A WARRANT unless a CRIME IS COMMITED !!! And there MUST BE AN INJURED PARTY (Corpus Delicti) ! And if there is an INJURED PARTY there should be A VALID COMPLAINT !! And since we have the RIGHT TO TRAVEL FREELY it cannot be INFRINGED... So the protocol for arrest WITHOUT A WARRANT IS SPECIFIED !! ************************* State of California PENAL CODE Section 740 Except as otherwise provided by law, ALL misdemeanors and infractions MUST BE PROSECUTED BY WRITTEN COMPLAINT UNDER OATH subscribed by THE COMPLAINNANT . Such complaint may be VERIFIED on information and belief. ************************* State of California VEHICLE CODE Section 40300.5 In addition to the authority to make AN ARREST WITHOUT A WARRANT pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer MAY, WITHOUT A WARRANT, ARREST a person when the officer has REASONABLE CAUSE TO BELIEVE THAT THE PERSON HAD BEEN DRIVING WHILE UNDER THE INFLUENCE of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug WHEN ANY OF THE FOLLOWING EXISTS:: (a) The person is involved in a traffic accident. (b) The person is observed in or about a vehicle that is obstructing a roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to himself or herself or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of the crime unless immediately arrested. **************************** One does not need TO BE A LAWYER that -- IN KALIFORNIA! -- THE ONLY CASE FOR AN ARREST WITHOUT A WARRANT is a DUI CASE !!! And I am for that and for any drug even MARIJUANA !!! Speeding IS NOT A CRIME IF THERE IS NO INJURED PARTY or A VALID COMPLAINT !! The officer CANNOT BE THE COMPLAINANT or the INJURED PARTY !!! I am sure that MOST STATES have SIMILAR CONCEPTS -- if they want to abide BY THE CONSTITUTION !!! SO.... I am for stopping ANYBODY for DUI of ANY KIND.... but I am against stopping just any body for "SPEEDING" which IS NOT A CRIME unless there is an INJURED PARTY !!
In Texas, the police can pull you over for defective equipment, like license plate light, tail light out. Chances are they will not give you a ticket but will let you off with a warning to get the problem resolved right away, within no more than 30 days. If you dont, and they stop you again for the same issue after 30 days, you will certainly get a ticket. Also, the police don't usually stop you unless you are going more than 5 miles above the posted speed. However, one time in the 70's in McAllen TEXAS, I was given a ticket for going ONE MPH above the posted speed.
One of the very few times I've been pulled over sure seemed to be for no reason at all. It was during an exercise on base (aka war games), we were working 12 hour shifts, and I got my 30 minute lunch break at 2am. I was driving from where I worked to the dorms, going the speed limit, all equipment on my car good (I check monthly), and a security forces car comes up with lights and sirens, so I pull over, and the car stops behind me lights still on, but sirens off. They just sat there. Being as I was quite hungry, after about 10 minutes, I got impatient and started to open the door to my car. They yelled "stay in the vehicle" and pointed weapons at me, but still no indication what was going on. After another 40 minutes of just sitting there, they drove off without a word. Needless to say, I was pissed. They detained me long enough that not only was I late getting back from lunch, but also so late that the dining hall was closed.
Andrew. First off, awesome videos! And My wife got pulled over "i was in the passenger seat" and the cop gets to the window and says well i pulled you over for a bad tag but upon coming up I noticed it was good and then he asked her for her license she complied and it so happens that 2 days before her license was suspended for missing a court date and he wrote her a Susp DL ticket and nothing else. Is it true that because he had really no valid reason to pull her over "By his Omission" that the susp DL has to be thrown out? Thanks again for your videos..
I guess based on the logic about turn signals, police can't pull you over for running a stop sign or red light either, if other traffic wasn't affected. Right?
Cops can pull you over for... literally anything. They have qualified immunity. Even if you end up beating the charges, you still had waste time and money going to court, while the officer faces no repercussions.
I have a question, except in the case of the officer just being a jerk on a power trip, if you are doing nothing wrong and the vehicle you are driving does not match any APB's, why would they run your plates regardless of the status of your license?
Andrew, the police will use probable cause no matter what as it seems. Down here in Emporia, Virginia where I'm at on Interstate 95. For example, after nightfall the police will stop you even more around 10:00pm until sunrise. This is common over there at Brunswick County, west of Emporia. Interstate 85 and US 58 highways stay hot with traffic encounter stops often. Basically, you are not allowed to operate a vehicle after 10:00pm you are just asking for trouble around here. Emporia police love to set up their morning time traffic speed traps around 4am until sunrise. Particularly. Andrew, you did good with this video. You should do a video talking about HIDTA. meaning HIGH INTENSITY DRUG TRAFFICKING AREA and how operating a vehicle on certain Virginia roadways can land a driver in jail quicker and reasonable suspicion will not be used at all. It's always probable cause.
Thank you! Yes, I agree that the police will still find ways to pull people over if they want to stop a vehicle. There's almost always SOME justification they can come up with.
@5:26. The only time I ever seen my Father lose it with Police is when one pulled him for swerving. Claimed he crossed the white line. My Father asked "When?" About three miles back. The Cop replied . So after a few chose cuss words, some Name calling and insulting of the Cops intelligence. The Cops let us go. No Ticket.
I use to have a car where the damn head light trigger was on the turn singnal lever and would always go off. I would be driving around town not even knowing my headlights where off tell I turned on a dark road. Don't how I never got pulled over.
Police in my old area would just pull you over after midnight. Ask if you're drinking. Hoping you're drunk so they can give you a dui. When you tell them to go pound sand they get mad. Im due for a ticket when i go back to my home town. One cop hates us for calling him an Ahole 20 years ago. He wrote some of my friends up this year for no reason and i know im next.
Nevermind swerving in your lane, I’ve been pulled over for “following the (white) line too closely. Last I checked the line is how you keep track of whether you’re still in your lane so one would think following the line is maybe what you want to do while driving? LOL
I strongly disagree with an anyomous tip. It's a violation of the 6th to attempt a stop without real independent cause if the witness can not be required to testify.
Yrs ago on my way home from work I took a back road home. It was filled with potholes and I slowed down and was weaving side to side to avoid them. I saw a county mountie coming at me down the road and he was doing a good clip and of course hitting every hole and bouncing about. As he got nearer he put his lights on and flashed his spotlight at me. I slowed down and we came next to each other. He asked what I was doing. I said I was dodging the potholes and that I had to pay to get my car fixed if it got damaged unlike him who the taxpayers would pay to fix his car because of the way he was driving. I think I must have shamed him because he just told me to be careful and he drove off.
That law about not being able to search your car because of "the smell of Marijuana"is long overdue. Just too easy to abuse. I hadn't smoked Marijuana in years, one day, hanging at the park, between jobs, listening to music, (Ohio), a lady called the cops on me, for playing music in my car in an empty parking lot!! The cop came up,long after she left, and started questioning me, then pulled the, "I smell Marijuana," bullshit! I was so adamant, without losing my temper, told him, as I stared him in the face, he was in his twenties, "come on, that's the oldest one in the book!" He kinda mumbled a few things and took off. Had he decided to search my car and put a little dope in it, I would've been screwed.
The one or two miles per over. That's bullsh*t. By Federal Law, speedometers can have a +/- 4mph tolerance. Example: at 55mph, a vehicle could be going 59mph or 51mph. If the Automobile Manufacturers had to calibrate every speedometer to 0 tolerance. The costs would be astronomical. Also the Speed Measuring Device has a built in tolerance.
Andrew Flusche is amazing at his job!!! He knows what he's doing great personality too!
As a commercial truck driver they can pull you over for no reason at all
Even though Marijuana use is legal, driving under the influence isn't. In California, 23152(f) VC - It is unlawful to drive while under the influence of any drug. In California, any equipment violation is a good stop. However, the most common was license plate light. It was used so much, the Judges no longer consider it a valid stop for an arrest. Judges found the officers were "fishing".
The Bill Nye of the criminal defense world. Thanks for the info
Haha. You're welcome!
I just told my dad about this cool cat that looks like bill Nye
But, he's actually a lawyer, educating people about law. Bill Nye was a hack with a BA who ran a children's show. I'd call this an insult, counsler.
Man that was funny! Spot on.
Except this guy is actually a lawyer.
These are good videos and a major reason I hardly ever watch tv anymore. Absorbing a 10 min video to less stressful than having to concentrate on a 1 hr tv show or 2 hr movie.
i was on my motorcycle, cop said was swerving in my lane. I was on a really hilly and curvy road . I said was was not swerving I was apexing the curve. He said what is apexing a curve. I showed him a video on youtube on the proper way to apex a curve. The prick still wrote me a ticket. I beat it. the Judge was a rider too
I am a fairly serous rider too and I do the corner apex thing - I also move to the right of the lane before I hit the apex of a hill (incase some cage driver has a few wheels in my lane) plus I swerve for potholes. I think I should carry a few thousand in bail money in your state.
Squid cop
As a fellow rider, I will say that I am constantly adjusting my lane position.
Hey Virginia I’m gonna celebrate at 4:20 for you and your liberty to enjoy life with all it’s plants and life. All hale to freedom!!!!
Really Andy, I enjoy your educational videos and hope you can keep them going....
Thank you for keeping the video short, and to the point.
Hello! Thanks for these videos, very appreciated. I've been watching some 1st amendment auditing videos and I'm curious as to the legality of reasonable suspicion, detainment, and ID requests in our state while driving and as a pedestrian. As far as I can tell, police can detain us but aren't required to tell us under what suspicion - so what questions should we ask the officer to catch them in the act of illegal detention if the footage of the interaction was later brought to court?
I don't recommend asking the officer any questions. Anything you say can and will be used against you, so even asking questions can be problematic.
The only potential question that makes sense is "Am I free to leave?" If the officer says "yes," leave. If the officer says "no," now he's made it clear that you are being detained, and he will have to justify the detention in court.
@@Andrewflusche Thanks, ahh I should've expected such an answer!
@@palmermcmath5822 - There are also Consensual Encounters where an officer may ask, "Can I speak with you". It happens more often than not, especially during the early morning hours when most people are sleeping.
@@Andrewflusche NAL but I think another appropriate question is "Are you ordering me or asking me to do x?"
Thank you. I live in VA and these are some amazing tips. VA is getting better. we are getting some laws to protect ourselves. that's good. make more VA videos, please. i need to know more.
Even in Washington state where medical and recreational mJ is "legal" your doctor and even cops will site federal law -being illegal. The feds did say the states can decide for themselves. And the "weed breathalyzer can show traces from weeks ago. Convenient discrepancies.
I like your upbeat attitude. A lot of the police corruption occurring is very very saddening and demoralizing. This is a much more positive vibe while discussing the same issues: civil rights
The police do stop people to alert them that a tail light is out. They are polite and simply tell the person and advise them to get it fixed for safety reasons. One you missed is can they pull you over for driving with your turn signal on. (for more than up to do a turn)
Can the police stop me from wearing a crooked bow tie and if so, would this be a crooked cop?
I once got pulled over 7 times in a 3 hour drive late one Xmas night heading home from family due to a headlight being out. I had work early the next day and there was no where possible in small towns in my state between destinations to get a new one. Most were fairly pleasant encounters considering with one exception, but even he didn't make me do the stupid human tricks, just a bunch of unnecessary questions about if I had anything to drink and whatever. By the last few times I just had ID and proof of insurance out and ready and explained I'd already been pulled over X times and know and swear ill get it fixed tomorrow. That attitude seemed to get me moving along much quicker.
The cops can pull anyone over any time they please, and they can circumvent things like “probable cause” by saying you weaved, hence their suspicion of DUI. 😔
Reasonable Articulable Suspension precedes probable cause
@@keithstewart7514 "RAS" is all that's needed to justify a BRIEF "detention". We see that at times, a subject is "detained", harangued by the officers, and handcuffed, made to sit on the sidewalk or in the patrol car, or even placed on the street in the prone position, with an officer's boot on his back or the back of his head, and though the cops have, de facto, ARRESTED him, they still have the nerve to say he's "only being detained".
God bless you. An attorney with a soul!
Great Information, short periods of time, and you are Funny, especially when you play several roles
Great information! Thank you!
In texas they can definitely pull you over for not using a turn signal. I was pulled over and convicted of just that. And there was no other traffic around me. It was the last day of the month and the cop was hiding looking for anyone who might brake the law to get his months quota of tickets.
Now in texas you can't be ticked over swerving into other lanes on the condition that there is no other traffic that can be affected. If you are ticked for swerving into other lanes the cop has to prove that other traffic was affected in some way.
Swerving within your own lane. Wow, I always thought there should be some room for play if it’s within your own freaking lane. Apparently not.
Based on how he explained it, I don't think the swerving is in itself an offense, just reasonable suspicion of DUI.
Here in Oregon they can search your car if they smell Marijuana and they will give you a DUI for it. I am just waiting for someone to use the defense that it is classified as a Performance Enhancing Drug by the International Olympic Committee. Also they have no good way to prove impairment and in my case I am a medical patient and have THC in my blood at all times even if I have not used any that day yet I am not impaired in any way. I just make it point to never have any in the car and never use it while driving.
Australian here. So, if you get pulled over for not using your turn signal and it turns out that you were blind drunk, you take it to court and are able to prove (say, by dash cam) that no other traffic was affected by you not using your turn signal, they let you off on that and they also have to let you off on the DUI to continue driving blind drunk. Have I got that right?
Been lied on n snitched on for a long time
It's great you can explain free attorney advice!
Always informative, thank you.
Quit calling it an odor it's a fragrance.
My local PD in Kansas have been known to stop you for having a license plate light out. Yeah, bogus stops for the slightest of reasons just hoping to be lucky on a possible arrest for something else.
As a former Military Police Officer, y’all should know that if the cop is using Radar to click your speed, there’s about a 7mph margin for error, especially if the officer is positioned on an incline or decline from where he clocked you. This is why most police won’t stop you unless you’re over 7mph. Small town cops assume you don’t know this & will just pay the fine. Also, the officer also has to do a pre & post functions test with a special tuning fork to make sure the equipment is functioning properly. These are not things to argue at the scene but information you can ask the officer in preparation for court. Ask the officer if they’re using Radar or Lydar(laser, which is way more accurate and harder to beat), don’t ask if they dod the functions test, save that for court & play dumb and ask where the officer was exactly when he clocked you. You can always come back and document this. A good attorney should argue this for you but it’s good information to know.
Much respect for my fellow Texan
Love the cheech and Chong clip
Police will make up a reason to stop a motorist. I'm a veteran of traffic stops. One time cops in Westland MI stopped me while I was driving my Olds Toronado. "why do you have an Oldsmobile plate on a Cadillac ?" the cop asked. I answered (much more politely than I needed to) "it's an Oldsmobile, it even says so on the trunk lid".
I've been pulled over and checked out -license, registration, proof of insurance taken- when I was doing everything legal. Cops do that just to see what a young person is up to.
When I was a teen and driving my Dodge B3B I got pulled over all the time. When I stopped driving it and got a more modern truck all that stopped
I was behind a car at night with only 1 of the 3 brake lights working & it was unnerving because it was barely distinguishable from the running lights.
Also remember, pot is federally illegal, although I know it's unlikely to be pulled over or otherwise targeted by fed. law enforcement for possession or use.
Pot being legal still means you cant drive while smoking it.
Its the same as alcohol now. You cant drive under the influence. If alcohol is not present you can be checked by a DRE (drug recognition expert) for driving under the infulence.
So if your eyes are dialated and bloodshot from overdoing it on weed, then the DRE can call it for driving under the influence.
A good guide for weed is, can I do that with an open container of alcohol? If the answer is no, then its the same for Marijuana. Especially in NJ NY PA.
Any cop that pulls you over claiming an "anonymous tip," or "suspected vehicle," or something of the like; call dispatch and request the local sheriff and remain silent!
In NY we’re constantly swerving to avoid the potholes to the center of the Earth.
On the turn signal, does traffic include pedestrian traffic? Strictly from the point of view of a pedestrian, I have had quite a few close calls that could have been avoided by a driver using their turn signal to warn me that they are about to turn and cross a sidewalk (driveways) or crosswalk (intersections).
Please follow up "when the bill takes effect" with *WHEN* it takes effect. You never know when someone will look at the video and miss seeing when it was posted.
Thanks for the feedback! The new I referred to here should be effective March 1, 2021
@@Andrewflusche
Did the new law go I to effect?
Dude...suspenders! Set it off!
Love your clip's.
Peewee hurman, blippi looking ass
Do you have to present your ID based on an anonymous tip pullover?
They might not pull you over for one headlight, but I bet some will try the "just stopped you to let you know". So they can try to come up with something, or trick you into saying something. While having a "friendly" conversation. Which of course leads into the next video. Lol
I had had a headlight out for a few months due to lack of funds available to buy a replacement (yes I was dirt broke lol). Suddenly one week I got pulled over 3 times for it before I could finally fix it. Didn't get any tickets at all, they just stopped me, ran my docs, then let me go. Sucks though because I was doing food deliveries and was almost late enough because of the stop to be deactivated for it.
@@mikeexits Good idea there is to get a blank white decal and sharpie it to say u know.
The title should state "in Virginia". I wouldn't have opened this if I knew it didn't apply to me.
Once got caught in South Jersey on that swerving within your lane. I had just dropped my brother off to catch the bus in Philly to get to his base in North Carolina. He'd been visiting and my mother was starting a slow death from auto-immune disease. On the way back, at around 1am, I was doing slightly below the speed limit and trying to check if there was a better way to get home. No GPS or anything, so I had the map open beside me, I'd go to the edge of the center line, set it drifting very slowly towarids the side, and then redo it every 20 seconds or so. I'd pull the folded map in front of the steering wheel for those 20 seconds and look at it while also glancing ahead.
No traffic on this straight two lane road for miles ahead of me, and there was a car behind me. Didn't think anything about it until he flashed his lights and pulled me over. I was young and ignorant, and explained mostly why I was driving, who I had dropped off, and why I was checking the map.
He write me a ticket for not watching the road ahead, I think at the time the charge was careless driving and they could get you for eating a sandwich while driving, it was very hard to beat. Since I had essentially admitted to it, I simply pleaded guilty. So you can be pulled over, and if you talk too much, get ticketed, for swerving in your own lane in New Jersey.
That cop is an A-hole. You should get out of New Jersey if you can and get as far away from States and areas run by liberals as you can.
@@fivebooks8498 not fair to tell him what to do and not give him some options lmao
@@Gablablin
Texas, Florida
You were guilty of unsafe driving - but you should keep as far away as you can from A-holes like 'five books.'
@@fivebooks8498 Fee Fi Fo Fum - I smell the stank of a trumpist . . .
The swerving thing hits hard when you're on a motorcycle. Swerving clears treads and heats up the tires to provide more grip.
Swerving is a maneuver I use right before I enter an intersection if I have to stop for it. It gets people’s attention better than my lights do
But policemen can receive "anonymous" tips from friends if they want to do something bad to a person.
1. Speeding: Well, there is a good reason there is a speed limit. Usually, when driving faster than the limit, you put yourself and, more important, other in unnecessary danger. So, yes, police should of course stop you for speeding. In my country, you will not get stopped for going 1 or two miles faster, because that is within the 5% window of variability of your speedometer and even the equipment the police is using.
2. Plates of a suspended license: Again, that is OK, especially with the caveat that the person must resemble the suspended driver. Fine by me.
3. Smelling Marijuana: That is a bit hard to believe. Even with cannabis being legal, it is (correct me if I am wrong) illegal to drive under the influence of cannabis (depending of how many ng/µl you have in your blood, of course). Isn't it the same with smelling alcohol? You can stop someone, if the car smells like a brewery. This should be OK with other drugs, too. Even when legal. If the police has a reason to believe the driver is consuming or has recently consumed a drug, that can negatively influence his/her ability to drive a vehicle, I HOPE then can check this. That would be on par with other signs of DUI, like swerving. If this cannot be checked, it will end up killing people. Hopefully only the one responsible, but as with alcohol, a lot of innocent bystanders will also be killed. This should be adjusted. Fast. I am all for legalizing cannabis, but you should not drive a car after you consumed it for at least 48h (retention is longer than for alcohol and less linear).
4. Anonymous tip: This should depend on what kind of tip. Driving recklessly or being the wanted murderer...yeah, sure. But I feel there should be a limit depending on the deed done. Is a misdemeanor OK?
5. Headlight out: And here we have another one that I would like to see changed. I know of several collisions (often with motorcycles) that happend, because someone mistook the oncoming traffic for a motorcycle and then hit the car. At least police should be able to pull you over to tell you the headlight is out. And it usually is a quick fix. I have lamps in my car and it takes 5 min to change them. There is a reason why a car needs two headlights and cannot have one bigger one in the middle. It's the same with trucks having light on top, too. So you can see what kind on vehicle with what dimensions is coming towards you. This seems to be one a bad idea. If your car is not fully functional, you should not be allowed to drive it.
6. Turn signal: Same as above. In my country it's even more strict. You have to use it. Period. If you a on a deserted road and nobody is around, you still have to use it when you change lanes or turn. That makes it easier for everybody. Just use it. If you learn to use it every time, it will become a reflex and you never forget it. And it makes it easier for law enforcement and judges. because there are no excuses and no decisions as to if this other car was already near enough to be affected or not etc. it's a simple yes/no. And, please, it's the same with speeding on empty roads, or ignoring traffic lights when alone: Don't do it. Why? 1. Because you might tell yourself, you only do it, because there is nobody around and you would never do it if there are others and cars and whatever. That is a lie. You will not always be thorough and it's a bad habit that will stay with you. You WILL so (and probably have done) it in more dangerous times. And it will kill you. And others. Ask all those idiots that ran over a person while turning. It's always a "I should have..."-situation, but now you killed someone and it could have been avoided simply by using your effing turn signal. It's not that hard. Just follow the rules. There are a lot of stupid laws around (I personally do care about copyright laws...), but when it comes to endangering yourself and others, there is no margin of error. Traffic code is important and it's not that hard to follow.
7. Swerving: I am not the least bit surprised about this. It just makes sense. It does not matter, if you manage to confine your inability to drive to your own lane. You are still displaying signs of DUI or other problems and just because at this moment you might be able to stay in your lane does not mean it will be the same in 2min. Again, there is danger in people that are not able to handle their car or traffic. Keep them off the road before they kill themselves and others.
Do you live in Nazi Germany or something. Sounds like the cops there have no souls.
@@fivebooks8498 Well, there is way less national socialism in Germany today than in the US. Displaying a swastika or denying the Holocaust is a criminal act and will get you in front of a judge in no time. What we call right.wing conservatives, the US calls communists (and that lack of awareness always makes me laugh). So much for the "N@zi" comparison, as light-hearted as it may have been. That is a thing you should not joke about in Germany.
As for soulless cops... for one, there are less than 10 instances of cops killing someone in the line of duty per year. In the US that would be called a slow weekend in Cleveland. And most German cops would really like to legalize cannabis, just to ease the workload. There is no glory in booking teens on smoking weed in the park. All in all, police in Germany is doing their job and protect and serve.
@@rwandaforever6744
Wow, so you really are in Germany. I was just joking. I had no ideo
Send your German cops to America to deal with our criminals. I bet they kill a bunch of lawbreakers just to survive.
@@paulcampise3050 That probably does not sound as cool and gritty as you wanted it to. Sounds like there is a general problem with violence and human rights in the US. Being barely on the verge of a failed state is nothing to brag about. It usually is the executive that sets the tune for the criminals to follow.
Even though the cops can’t pull you over, in Virginia, for faulty equipment you really shouldn’t make that a reason TO have faulty equipment. Someone not seeing your break light can get you into an accident, & having a broken tail light can cause the accident to be your fault.
Dam, where I come from with the craters the roads look like moon tracks swerving indicates soberness
In Connecticut turn signals are illegal or so I’ve seen.. they have absolutely no clue how to use turn signals
All you need for a traffic stop is reasonable suspicion, not probable cause. Probable cause is what they need for an arrest
Didn’t scotus just decide that a one taillight stop was legal, even though that wasn’t against the law in the state (north Carolina?)they called it a good faith mistake or some bs
I am not a lawyer.... BUT I CAN READ & THINK !
I posted on this channel before.... I am in KALIFORNIA .... where The Constitution and THE LAW ITSELF is always ignored...
In the USA THE COMMON LAW OF ENGLAND is the RULE IN ALL COURTS and it has to COMPLY WITH THE CONSTITUTION!!!
As can be seen from PENAL CODE 1463 -- ARREST is performed when A NOTICE TO APPEAR ("TICKET") IS ISSUED !
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State of California PENAL CODE Section 1463
The following definitions shall apply to terms used in this chapter:
(a) “Arrest” means any law enforcement action, including issuance of a notice to appear or notice of violation, which results in a criminal charge.
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But one cannot be ARRESTED WITHOUT A WARRANT unless a CRIME IS COMMITED !!! And there MUST BE AN INJURED PARTY (Corpus Delicti) ! And if there is an INJURED PARTY there should be A VALID COMPLAINT !! And since we have the RIGHT TO TRAVEL FREELY it cannot be INFRINGED... So the protocol for arrest WITHOUT A WARRANT IS SPECIFIED !!
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State of California PENAL CODE Section 740
Except as otherwise provided by law, ALL misdemeanors and infractions MUST BE PROSECUTED BY WRITTEN COMPLAINT UNDER OATH subscribed by THE COMPLAINNANT . Such
complaint may be VERIFIED on information and belief.
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State of California VEHICLE CODE Section 40300.5
In addition to the authority to make AN ARREST WITHOUT A WARRANT pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer MAY, WITHOUT A WARRANT, ARREST a person when the officer has REASONABLE CAUSE TO BELIEVE THAT THE PERSON HAD BEEN DRIVING WHILE UNDER THE INFLUENCE of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug WHEN ANY OF THE FOLLOWING EXISTS::
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to himself or herself or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless immediately arrested.
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One does not need TO BE A LAWYER that -- IN KALIFORNIA! -- THE ONLY CASE FOR AN ARREST WITHOUT A WARRANT is a DUI CASE !!! And I am for that and for any drug even MARIJUANA !!!
Speeding IS NOT A CRIME IF THERE IS NO INJURED PARTY or A VALID COMPLAINT !! The officer CANNOT BE THE COMPLAINANT or the INJURED PARTY !!!
I am sure that MOST STATES have SIMILAR CONCEPTS -- if they want to abide BY THE CONSTITUTION !!!
SO.... I am for stopping ANYBODY for DUI of ANY KIND.... but I am against stopping just any body for "SPEEDING" which IS NOT A CRIME unless there is an INJURED PARTY !!
In Texas, the police can pull you over for defective equipment, like license plate light, tail light out. Chances are they will not give you a ticket but will let you off with a warning to get the problem resolved right away, within no more than 30 days. If you dont, and they stop you again for the same issue after 30 days, you will certainly get a ticket. Also, the police don't usually stop you unless you are going more than 5 miles above the posted speed. However, one time in the 70's in McAllen TEXAS, I was given a ticket for going ONE MPH above the posted speed.
So wait a second. The police can run your plates just cuz?
What did you think those mounted cameras were for?
One of the very few times I've been pulled over sure seemed to be for no reason at all. It was during an exercise on base (aka war games), we were working 12 hour shifts, and I got my 30 minute lunch break at 2am. I was driving from where I worked to the dorms, going the speed limit, all equipment on my car good (I check monthly), and a security forces car comes up with lights and sirens, so I pull over, and the car stops behind me lights still on, but sirens off. They just sat there. Being as I was quite hungry, after about 10 minutes, I got impatient and started to open the door to my car. They yelled "stay in the vehicle" and pointed weapons at me, but still no indication what was going on. After another 40 minutes of just sitting there, they drove off without a word. Needless to say, I was pissed. They detained me long enough that not only was I late getting back from lunch, but also so late that the dining hall was closed.
Virginia registration info doesn't list the race when the officer runs the tag. It only displays "N"
what if you swerve in your own lane to avoid an "IMMEDIATE ROAD HAZARD" ????
I don't smoke weed or tobacco anymore. I do vape and my vapor device makes me inhale a large amount of what looks like smoke when I exhale..
Do the police have to prove they got an anonymous tip or can they lie and just claim they did?
Andrew. First off, awesome videos! And My wife got pulled over "i was in the passenger seat" and the cop gets to the window and says well i pulled you over for a bad tag but upon coming up I noticed it was good and then he asked her for her license she complied and it so happens that 2 days before her license was suspended for missing a court date and he wrote her a Susp DL ticket and nothing else. Is it true that because he had really no valid reason to pull her over "By his Omission" that the susp DL has to be thrown out? Thanks again for your videos..
Yea! #Virginian
Seems odd that any state would enact a law that allows you to smoke marijuana while operating a motor vehicle.... But, it wouldn't surprise me.
I guess based on the logic about turn signals, police can't pull you over for running a stop sign or red light either, if other traffic wasn't affected. Right?
Cops can pull you over for... literally anything. They have qualified immunity. Even if you end up beating the charges, you still had waste time and money going to court, while the officer faces no repercussions.
There should be no such thing as "An Anonymous Tip". Too many people makeup stuff on citizens.
"They'll try to see it with their own eyes"? Right, as opposed to having an... _eye transplant?_
I have a question, except in the case of the officer just being a jerk on a power trip, if you are doing nothing wrong and the vehicle you are driving does not match any APB's, why would they run your plates regardless of the status of your license?
The more arrests a cop makes the quicker they'll be promoted. Of course that means a bigger paycheck.
This would have been better, if at the end, Andrew encouraged people to avoid all this drama by not drinking and driving in the first place.
Are you kidding, he can’t make any money off of law abiding citizens!
Andrew, the police will use probable cause no matter what as it seems. Down here in Emporia, Virginia where I'm at on Interstate 95. For example, after nightfall the police will stop you even more around 10:00pm until sunrise.
This is common over there at Brunswick County, west of Emporia. Interstate 85 and US 58 highways stay hot with traffic encounter stops often. Basically, you are not allowed to operate a vehicle after 10:00pm you are just asking for trouble around here. Emporia police love to set up their morning time traffic speed traps around 4am until sunrise. Particularly. Andrew, you did good with this video. You should do a video talking about HIDTA. meaning HIGH INTENSITY DRUG TRAFFICKING AREA and how operating a vehicle on certain Virginia roadways can land a driver in jail quicker and reasonable suspicion will not be used at all. It's always probable cause.
Thank you! Yes, I agree that the police will still find ways to pull people over if they want to stop a vehicle. There's almost always SOME justification they can come up with.
Can the cops lie about all said above "NO" but they will...
Going to the lie academy isn't where they learn how to uphold the constitution. Oath into office is their first lie of countless many...
what if they "see" you smoking weed while driving? and how to respond if pulled over? it was a cigarette or the 5th?
@5:26. The only time I ever seen my Father lose it with Police is when one pulled him for swerving. Claimed he crossed the white line. My Father asked "When?" About three miles back. The Cop replied . So after a few chose cuss words, some Name calling and insulting of the Cops intelligence. The Cops let us go. No Ticket.
What about not coming to a complete stop at stop sign?
I use to have a car where the damn head light trigger was on the turn singnal lever and would always go off. I would be driving around town not even knowing my headlights where off tell I turned on a dark road. Don't how I never got pulled over.
sorry too much Virginia law I live in Florida got to go
Police in my old area would just pull you over after midnight. Ask if you're drinking. Hoping you're drunk so they can give you a dui. When you tell them to go pound sand they get mad. Im due for a ticket when i go back to my home town. One cop hates us for calling him an Ahole 20 years ago. He wrote some of my friends up this year for no reason and i know im next.
is alleging an odor enough on California? We've been legalized for years.
the only times dad drove in a straight line is when he was drunk or asleep...
Nevermind swerving in your lane, I’ve been pulled over for “following the (white) line too closely. Last I checked the line is how you keep track of whether you’re still in your lane so one would think following the line is maybe what you want to do while driving? LOL
I got pull over for going the speed limit at 65 on the highway... because he said that I was holding up traffic and can cause an accident.
Appreciate your videos in Ohio.
Random running your plate is needs reasonable suspicion correct
In my neighborhood they could stay busy, because of dodging all the potholes 😁. What is difference in a swerve and an evasive maneuver?
How is odor not an adequate cause for DUI probability?
I strongly disagree with an anyomous tip. It's a violation of the 6th to attempt a stop without real independent cause if the witness can not be required to testify.
Officer, I was swerving to warm up my racing tires...
Do not talk to the badged costume thug but if you have to be as brief as possible
What if you are avoiding debris or potholes? How can that reasonably be a sign of intoxication?
Yrs ago on my way home from work I took a back road home. It was filled with potholes and I slowed down and was weaving side to side to avoid them. I saw a county mountie coming at me down the road and he was doing a good clip and of course hitting every hole and bouncing about. As he got nearer he put his lights on and flashed his spotlight at me. I slowed down and we came next to each other. He asked what I was doing. I said I was dodging the potholes and that I had to pay to get my car fixed if it got damaged unlike him who the taxpayers would pay to fix his car because of the way he was driving. I think I must have shamed him because he just told me to be careful and he drove off.
Would it be illegal to get a dash-cam in you car. And use it for when the police pull you over as evidence.
What if you swerve in your lane to avoid a pothole?
That law about not being able to search your car because of "the smell of Marijuana"is long overdue. Just too easy to abuse. I hadn't smoked Marijuana in years, one day, hanging at the park, between jobs, listening to music, (Ohio), a lady called the cops on me, for playing music in my car in an empty parking lot!! The cop came up,long after she left, and started questioning me, then pulled the, "I smell Marijuana," bullshit! I was so adamant, without losing my temper, told him, as I stared him in the face, he was in his twenties, "come on, that's the oldest one in the book!" He kinda mumbled a few things and took off. Had he decided to search my car and put a little dope in it, I would've been screwed.
The one or two miles per over. That's bullsh*t. By Federal Law, speedometers can have a +/- 4mph tolerance. Example: at 55mph, a vehicle could be going 59mph or 51mph. If the Automobile Manufacturers had to calibrate every speedometer to 0 tolerance. The costs would be astronomical. Also the Speed Measuring Device has a built in tolerance.
Right to travel - no license needed.
Hell I live in Texas and nobody really uses their turn signal. At least in Houston.
Please be that one renegade that uses his then. Be a courteous driver and have a good day.
Turn signals are a petpeve of mine almost got hit by allot og people when skating. Cuz I figured they were going straight where as they turned into me
☺️ thank u
POV: You checked your text messages multiple times
OK What if you're bar-b-queing in your back seat and smoke is going out the windows?
"...Likely to stop... I"? Uh...?!
What if the wind is blowing hard etc I know a car will move back and forth
If we are are pulled over and the cop doesn't give us a reason He pulled us over, should we ask why we got pulled or just remain completely silent?