IA: Where owner of car was a woman with a revoked DL, the officer didn’t see it was a man driving until he got to the driver’s window

The officer ran the LPN of the vehicle in front of him, and the owner, a woman, came back with a revoked DL. He stopped the car. When he got to the driver’s door, he saw a man, and then fairly quickly developed reasonable suspicion the driver was intoxicated. The stop was valid. While state case law recognizes that where the driver is obviously not the registered owner, there is no basis for a stop on that ground, here, he didn’t know it until he got to the driver’s door. He didn’t have to end the stop immediately. State v. Saffold, 2015 Iowa App. LEXIS 343 (April 22, 2015).

There was a factual basis for the conclusion defendant was speeding that supported his stop that led to a DWI. State v. Johnson, 2015 Iowa App. LEXIS 362 (April 22, 2015).*

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