Kentucky officers use the squealing of tires as justification for a traffic stop for violating Kentucky Revised Statute KRS 189.440.
At one time or another as drivers we have all probably caused our tires to squeal from a stopped car. Examples of causing tires to squeal include: trying to start a vehicle from a stop on a wet inclined surface; starting the vehicle while on gravel causing the wheels to spin; causing your foot to slip (accidentally) off of the clutch while revving the engine; starting on a road marking causing the wheel to slip, etc.
Whatever the reason, Kentucky police officers may consider such squealing tires to be evident of an improper start, a violation of KRS 189.440.
KRS 189.440 states in its entirety:
No person shall start a vehicle that is stopped or parked unless and until the movement can be made with reasonable safety.
Usually KRS 189.440 has been held to be applicable to facts where a motorist drives his car from the side of the road out across the near lane and in front of an automobile proceeding in the far lane of the highway. It has also been held applicable to a vehicle backing up and for vehicles pulling into traffic (although other statutes apply).
However, this Kentucky Attorney has learned of Kentucky officers using this statute to justify reasonable suspicion to perform a traffic stop of a motorist in Kentucky.
There does not appear to be Kentucky case law which states that squealing tires is a violation of KRS 189.440. However, case law from courts in Florida and Indiana (which does not apply to Kentucky) have held that causing tries to squeal did not demonstrate a disregard for the safety of others and did not give rise to reasonable suspicion for the stop.
Post by Nicholasville Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.
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Kentucky officers use the squealing of tires as justification for a traffic stop for violating Kentucky Revised Statute.
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Joseph
DUI
Posted by: joseph2008 | November 17, 2008 at 01:41 AM