Q: Pulled over 4 suspected reckless driving, not witnessed by Officer But only issued ticket for Expired License! Lawful?
Driver pulled over by Sheriff on a one lane expressway from a call into the Department of an alleged Reckless Driver. Sheriff Officer NEVER WITNESSED the callers complaint. Pulled over driver who was doing the speed limit & in their lane. Driver had an EXPIRED License for 6 years. Driver NOT ticked for the ORIGINAL Alleged Infraction. Was only ticked for EXPIRED LICENSE and NOT asked or required by Officer to sign ticket, just a Court Date 2 weeks later @ County Court Building.
Lawful to be pulled over for 1st alleged violation with NO Evidence or an ACTUAL WITNESS, just HEARSAY! Only Issued ticket for EXPIRED LICENSE?
Sounds like the POISON FRUIT Doctrine! Seems odd that Sheriff Officer on CAMERA for the EXPIRED DRIVERS LICENSE, did NOT have driver sign ticket to appear in/at Court?
A:
I am not really seeing a legal defense here. The only possibility would be that the officer had no basis to believe the hearsay. But short of that, an officer can institute a stop based upon hearsay.
You don’t have to sign a ticket to make it valid.
Your best move here is to go get your license updated and bring prove to court.
1 user found this answer helpful
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.
