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.
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.
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