Legal Question in Traffic Law in Colorado
I was stopped by a police officer because he wasn't able to read my the temporary tag through the tinted window of my new car.
When he first approached my car after I had pulled over I had my window rolled down between 1/3 and 1/2 way, at least 4 inches open, perhaps more. The first thing he said to me was to roll my window down. I responded that it was rolled down and that I'd rather not roll it down any farther. He insisted again and then said that I could either roll it down the rest of the way or be arrested for disobeying a lawful order from a police officer. At that point I decided to roll the window down the rest of the way as I was already running late to pick up the baby sitter because of this stop.
After the stop was over and he gave me his card which I had requested, I asked him to clarify why he wanted me to roll the window down all the way. He said that it was a matter of safety so that he could see my hands, see into the vehicle and see if there was anyone else in the vehicle. He also said that I was "this close" to being arrested for failure to obey a lawful order from a peace officer and that in the future I should obey all orders and that if I felt they were unlawful that I would have recourse afterward.
My questions are:
1- How far do I legally have to roll my window down if I am stopped for a traffic infraction?
2- If I have my window rolled down only a portion of the way, as long as it is sufficient to pass documents through, is the order of an officer to roll my window down more a lawful order to which disobeying would be grounds for arrest?
3- Does the presence of tinted windows change these situations at all?
I would love to be able to believe the officer, but sadly since it is legal for police to lie to citizens I wanted to check with you to clarify what the law actually says.
If any local statutes matter, the traffic stop happened in Aurora, Colorado.
Thank you for your help.
1 Answer from Attorneys
He can order you out of the car if he so chooses, so all the way down if he orders you to, and as a practical matter the tinted windows matters.
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