can a police officer assaulted me when i say no to reg and license?
i got pulled over and accused for going 75mph in a 55 zone and i was shocked when he said this to me. i told him i was not driving that speed limit and he told me on the other road that i was driving past 50 mph on a 45 zone. he started accusing me for speeding on the other roads too and he caught me on the radar. he ask for my license and reg and i said no why. i guessed he got mad and opened the door and begin to grab my left arm and i was aware what he was about to do cuz i never got assaulted before. he took my left arm and twisted and told me to get out of car. i was still on my seatbelt and i cant get out of the car cuz im a big guy and he draged me out of the car. there was pain around my left arm as he twisted it harder and harder. i believe that was an assault and i should file a complaint
dwmatty192010-06-13T04:25:04Z
Favorite Answer
Driving is a privilege and not a right. State vehicle code laws allows an officer to stop a driver suspected of committing a traffic violation. That same vehicle code authorizes the officer to ask for your drivers license, registration and proof of insurance. That same vehicle code requires you, the driver, to produce those documents on request of the officer. (Whether you agree or not with having committed a traffic violation.) Your failure to do so is a violation itself, and depending on the laws of your particular state, is also a criminal offense. You do not have the right or option to refuse to produce those documents. As such, and depending on the laws of your state, the officer has the right to arrest you for failing to comply.
Word of wisdom for you. If you disagree with an officer as to a traffic violation, follow the rules and produce the documents. Your disagreement with the officer should take place in court where you have requested a hearing to contest it, and not at the time of the traffic stop. Know the law, and the legal actions an officer can take, before making accusations of police misconduct.
Was there excessive force...I don't know because I'm not certain you're telling the whole story here.
The officer should explain to you why you are being stopped and ask for your license, registration, and proof of insurance.
If you read your state law you will realize that your license is actually the property of the state and you are required to provide the license to an authorized representative upon demand.
Most people honestly don't realize, when speeding, just how fast they are going at times. It's easy to go faster than what you often realize.
The thing to remember, however, is take your defense to court and fight the ticket in court...not with the officer on the street.
You broke the law is the first thing. Regardless of how small of a crime/infraction the law IS the law. This does apply in basically ALL of the United States. BUT if you are stopped and asked for your license and registration you MUST comply. If you do not as in you refuse the officer does have the right to arrest you. And even if he does as this officer allegedly did, he does have the right to grab you and pull you out of the vehicle. ASSAULTED you? I have to beg to differ with this version. He grabbed you by the arm and was pulling (forcing) you out of the vehicle. You already showed RESISTANCE by refusing to give him your license and registration. As such he is justified is using force. NOW if he had peppered sprayed you or hit you with his baton, then I might look at this incident differently. BUT to just open your door and force you out, sorry. I would suggest that you comply in the future, and from your attitude I already know there WILL BE more involvements with the law.
You are required to show the drivers license, registration, and proof of insurance. Refusing to do so gets you arrested. The officer used one of many "pain compliant" holds designed to compel your compliance to his order to get out of the car.
You were not assaulted. You will be fortunate if you are not charged with resisting arrest.
You managed to go from a simple misdemeanor speeding ticket, which would have resulted in a fine, to possibly being charged with a felony crime, which could cost you time in prison.
You made a mountain out of a mole hill. I hope you have a good lawyer.
Since I do not know where you live and thus you're local laws, I can't be 100% sure. But that definitely sounds like unnecessary force (unnecessary force is the use of force when there is no justification or reason) and, if you're telling the truth and have evidence (like the dashboard cam), you could probably file a successful complaint.
This is assuming a few things: like i said, that you have evidence. That he physically pulled you out without warning you first. That you were not being exceedingly stubborn or antagonizing. That he did not ask several times for you to exit your vehicle.