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adizzle · Oct 14, 2010, 02:47 PM

smoothy · Oct 14, 2010, 02:50 PM

You are allowed to ride as a passenger. But if you get behind the wheel you are in trouble.

Fr_Chuck · Oct 14, 2010, 04:04 PM

If the saw you in the car, or if the officer can make a case to prove you were driving the car.

You speed home, officer see's you, but you get home and run in the house, you are not in the car when the officer gets there but you will get a ticket.

avonsue27 · Oct 25, 2010, 03:54 PM

My fiancé was walking at the park across the street, there were 2 cops parked over there looking for someone aparently they asked him if he had id he said yes and they said he could go he wasn't the guy they were looking for, them my fiancé walked to the store up the street and when he got back we were standing on the porch and the officer pulls up and says that my fiancé will be getting a ticket in the mail for driving under a dui suspeneion he wasn't driving... now about 2 hours prior to this my fiancé did drive the car around the block because the cars brake lines are messed up and he was trying to figure out what was wrong, if they saw him driving then and pulled his name because they were looking for someone else, can they legally say he was driving hours before and charge him with this?

excon · Oct 25, 2010, 04:09 PM

Originally Posted by avonsue27

if they saw him driving then and pulled his name because they were looking for someone eles, can they legally say he was driving hours before and charge him with this??

Hello a:

Sure. You only get to call foul when they violate your rights.. All the cop did was a little investigation...

He can always plead not guilty and see if the judge believes him or the cop. My money is on the cop.

excon

Fr_Chuck · Oct 25, 2010, 06:42 PM

Yes, they could have waited and mailed him a ticket to his home a week latter ( in most states) if they had wanted to.

They are not required to ticket him when it happened, If they were busy on another case looking for someone, they can merely wait till they were not busy.

law357 · Feb 27, 2012, 07:55 PM

If I'm not driving a vehicle can I be charged with driving under suspension if I don't have the car keys or if I'm standing next to the car?

excon · Feb 27, 2012, 08:28 PM

Originally Posted by law357

if im not driving a vehicle can i be charged with driving under suspension if i dont have the car keys or if im standing next to the car?

Hello l:

Sure. But, if you didn't do it, plead not guilty in court, and make them PROVE it. If you didn't do it, they can't. If you did, and they SAW you, the judge will believe the cop and not you.

excon

cfay1224 · Jul 27, 2012, 10:27 PM

How and why Is it lawful for a judge to believe a cop over the person being charged?

smoothy · Jul 28, 2012, 06:11 AM

Originally Posted by cfay1224

How and why Is it lawful for a judge to believe a cop over the person being charged?

Simple... They don't have a vested interest in being a liar on the facts of the case. The Plus innocent until proven guilty doesn't apply here. Trust me... I tried that defense over 30 years ago and got shot down, only the judge at the time, and took the time to explain to me why. I don't remember all the details this many years later, but rest assured you better just believe that and put all your effort into another defense.

smoothy · Jul 28, 2012, 06:14 AM

Originally Posted by cfay1224

How and why Is it lawful for a judge to believe a cop over the person being charged?

Simple... They don't have a vested interest in being a liar on the facts of the case. Plus the innocent until proven guilty thing doesn't apply here. Trust me... I tried that defense over 30 years ago and got shot down, only the judge at the time, took the time to explain to me why. I don't remember all the details this many years later, but rest assured you better just believe that and put all your effort into another defense.