Legal Question in Traffic Law in Washington
suspended driver
Previously I was pulled over by a police officer in BattleGround WA, by a Clark Couny cop. The reason i am not sure, but my license plates did come back to a suspended driver, me. within seconds, i had a k-9 unit on us, during the search they found a glass pipe, with a little residue,they tested it, . my question being is it legal for them to pull me over, my lawyer thinks they cannot, and the charges they gave me was PCS.(possesion ,controlled substance) is that legal if it was just a pipe?.
they want to give me a unranked felony, what is that?
1 Answer from Attorneys
Re: suspended driver
An officer can pull over a vehicle registered to an individual with a suspended driving privilege. The statute follows:
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RCW 46.20.349
Stopping vehicle of suspended or revoked driver.
Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing, may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his driver's license upon request of the police officer.
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Also, a person can be charged with possessing a controlled substance based upon the residue in a pipe. In possession cases, the quantity possessed is irrelevant (exception: less than 40 grams of marijuana).
An unranked felony is a felony that has not been ranked with respect to seriousness and has a standard range (jail or prison sentence) of 0 - 12 months. A ranked felony will have a standard ranged that is based upon the seriousness level, prior criminal history and sentence enhancements, if any.
An unranked felony is still a felony with all of the disabilities (loss of rights) that accompany a ranked felony.