Q: I was parked at a park for three hours talking on the phone with my son and a Texas State trooper pulled up and knocked
On my window because he said my license plate was obstructed with a plastic shield which it had but he didn't pull me over at all....and he cited me two tickets for no insurance and no drivers license even though he didn't pull me over .I was parked at the park for three hours before he came along and gave me the citations. Is that legal to give me tickets when I was clearly not driving at the time ....and I have no drivers license or insurance either.... again he didn't pull me over I was already there for three hours
A:
Yes, it is legal for him to give you the citations. Based on the facts and circumstances observed at the time, he had a reasonable suspicion that you drove the motor vehicle to the park because he found you sitting in it, presumably with no one else around. This circumstantial evidence may be sufficient for a judge or jury to reasonably conclude that you drove the vehicle to the park
You can successfully fight the violations by (truthfully) testifying that you did not drive the motor vehicle to the park and do not own the motor vehicle. It will be more persuasive if you explain who does own the motor vehicle, who drove the motor vehicle to the park, and how you came to be sitting inside of it.
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