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.

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • 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.

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