[Just Passin' By]

Originally Posted by J Diddy

I'm not really sure how a forum discussion on a speeding ticket relates to this case. Could you please elaborate?

The comments in that line of discussion should have made that plain to see, and there was even one post specifically discussing a DUI stop:

I heard about this in the Academy as a stunt drivers pull to get out of DUI's. First guy that pulled it on me I was ready for. I walked up to his passenger window instead when I went back with his citation, he rolled down the window on the passenger side while keeping the drivers window cracked. Created a good airstream for me to fully smell the alcohol. He got a DUI on that stop.

Originally Posted by J Diddy

Also, it states on your speeding ticket forum that nothing was suspected, however, admittedly this guy stated that the officer said the drug dog went off.

There were several different examples given. It wasn't just about speeding tickets. The thread was about just rolling the window down a crack and its legality. That was the question that started it off, as a matter of fact.

Here’s the scenario:

1. Male is pulled over for speeding.
2. He chooses to only roll down his window 2 inches, just enough for oral communication to take place and for tickets/license/etc to be passed through the window.
3. He is acting normally and there is nothing suspicious such as the scent of alcohol or drugs.

Questions:

1. Would you ask him to roll down his window all the way?
2. If he respectfully refused, would there be legal justification for you to arrest him/break his window.

Note: I realize that you probably would not like it if someone did this, and that by doing this the individual is increasing his chances of getting a ticket. That being said I’m mainly interested in the legality of the situation and would appreciate serious responses.

I'm not sure if you missed that part.

I, personnally, found the thread illuminating as to just how petty a lot of the officers were willing to admit to being about people daring to exercise their rights. LA Dep was a particularly vivid example of this:

No and No to your questions.....

and it increases his 'chance' of getting a ticket to 100%.......as well as maybe conducting a safety inspection of his vehicle.....just to make sure all his equipment was in good working order.....

Originally Posted by J Diddy

However, everything else being equal, isn't there an awful lot being taken on faith by the public concerning this man's word?

No. I simply asked you what laws he'd violated and pointed you to a police officer's forum where they were acknowledging that just rolling the window down a little bit wasn't illegal, and many of them were noting that they didn't have a problem with it.

In the case at hand, the officer tells another officer that the "man" is innocent and knows his rights, and that there really wasn't much of a hit. Did you miss that? Did I mishear it?