Brockway, PA asked in Traffic Tickets for Pennsylvania

Q: Can a cop issue me a speeding citation without pulling me over, and without a positive ID of me?

I am a volunteer firefighter and I was responding to a call with a blue light on my car, I ended up passing a PSP trooper running radar who claims he caught me doing 90 in a 55. The trooper did not attempt to follow me or use his lights to stop me stating he "didn't want me thinking he was responding to the call." The trooper admitted he could not ID me as a driver nor got useful information from the plates (my spouses moms car). The cop had to drive to our fire station and talk with the local police about who was driving the car he saw, and he then stopped my spouse and ran her information. I return to the station and the trooper hands me a citation with my name, address, DOB, DLN, and the vehicle, but also says he can't positively say who was driving the car. Since he didn't engage a traffic stop and had to get my information from another source can he fine me still? Something about this just seems backwards... like why he didn't pull us over or how he got my information without ID.

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Traffic Tickets Lawyer
  • Newport Beach, CA

A: In most jurisdictions, the PO has to make a positive identification of the driver and their identity. This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

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.