A Nevada cop who pulled a woman over for speeding ended up dragging her out of the car after she refused to roll her window down all the way, even though she had already rolled it down halfway and had already handed the cop her driver license.
But the Carson City police officer insisted she roll the window al the way down because he was finding it impossible to “interact” with her.
“Sir, is there a reason I need to roll the window all the way down?” asks the driver, who is only identified as “Karen” at this point.
“Yes, because I have to interact with you and I can’t ….” the cop responds.
“I can interact with you just fine,” she says.
“Ok, then get out of the car,” the cop orders.
“No, I don’t need to get out of the car,” she insists.
After a little more verbal back and forth, the cop accused her of being “rude.” Then he reached into her car, opening the door from inside, and ordered her out, eventually pulling her out when she refused to step out.
The way the cop explained it, the only way he could issue her a citation for speeding was if she stepped out of the car to stand on the side of a busy highway.
Meanwhile, another cop standing by the passenger’s side opened the door, reached inside and grabbed her friend, who was recording the altercation.
He also told her to stop recording.
That friend told the cop not to touch her and refused to turn the camera off. She also asked to step outside the car to record what was happening between the first cop and her friend, but that only prompted the second cop to call for backup, stating that they were dealing with “two combative females.”
That cop ended up pulling her out of the car as well, telling her he was only trying to “control the situation” as sirens can be heard in the background in response to the alleged combative females.
The cop also pulled the camera out of her hands and left it in the car recording where it captured some more audio, including the cop telling her was not arresting her, but only detaining her.
However, the two women ended up spending two days in jail until they were released on a combined bond of $12,500, according to the Y0utube description.
PINAC reached out to the woman who posted the video, the passenger who goes by the username, Mollie Moore, but she has not yet responded.
Although we’ve seen several videos indicating that drivers are under no requirement to roll their windows all the way down as long as they produce the proper documentation, a Nevada lawyer says drivers have no such rights in the Silver State.
According to Nevada attorney Stephen Stubbs, who was recently featured on PINAC regarding the man who was beaten by security guards for dancing on a sidewalk:
It was most likely a correct arrest. Nevada’s laws are different than most other states and Nevadans that get their legal advice from people in other states do so at their detriment.
Stubbs has recently been trying to send the message to residents that Nevada law does not permit people to drive through DUI checkpoints without rolling down their windows as Jeff Gray proved can be done in Florida using attorney Warren Redlich’s Fair DUI flyer, which has been making national news this year.
While it’s true that Nevada law requires drivers to “manually” hand over their driver license to cops during a traffic stop, making it illegal to drive through a checkpoint with the license in a Ziploc bag as Gray has done in the past, it is evident from the video that the driver did that in this case.
Redlich, who has represented PINAC in the past, stated the following in regards to this video:
“The officer had no valid reason for ordering the woman to roll her window down further, nor to order her out of the car. He stated clearly that his reason for this order was so that he could serve her with the citation. He could easily do that through the window as it was.
However, the women in the car did not handle the encounter well. It is unwise to speak to police in this situation at all, and very unwise to argue with them.”
Redlich also said he will eventually create a Fair DUI flyer for Nevada, but took a quick look at the state’s statutes regarding traffic stops and stated the following. The first paragraph is from the Nevada statutes:
“However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to the person and valid at the time of the demand.”
When I do the NV flyer it will instruct the officer to write the driver a ticket for this offense and include that with what he puts under the wiper. I’d rather take the ticket for this than open my window. You then go to court at a later date, produce your license there, and get the ticket dismissed.
I do agree with the lawyer that people should not rely on me for states where I’m not licensed, and I always encourage people to talk with a local lawyer before using the flyer – even if they’re in FL or NY.
Check out the Nevada statutes here.