Santa Rosa, CA asked in DUI / DWI and Traffic Tickets for California

Q: Can one fight a suspended license charge/ticket if they weren’t actually pulled over?

My brother was caught in a situation where he was then involved in the investigation. Before the cops had came he had already pulled over at a gas station and was parked. The cops then came and did their questioning. When they pulled him up into the system they saw he had a suspended license & was on dui probation. So he got a tickets for suspended license, dui probation & not having the interlock system installed & for a dui. However he only had 0.4 alcohol in his system so he later got a correction notice that it would be removed. But now he wonders if it’s worth getting a lawyer about getting a ticket for a suspended license or the ticket itself in general if he was not actually pulled over for any reason in particular & he himself had already pulled over prior to the cops being called or coming. He is currently doing 3 months in jail for violating probation & having alcohol in his system which he fully takes responsibility over that case.

Related Topics:
1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: tell him to get an atty asap..........he is in the wrong.

sounds like a hit and run;

however, a lawyer may be able to present a reasonable explanation to the court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.