Can I fight this ticket if there are two names on registration, one suspended license and the other is not?
Asked on Mar 04th, 2014 on Criminal Law - Colorado
More details to this question:
I was driving home at about 1:30AM (Very Dark). I was driving the speed limit and passed a cop driving slow and across lanes and shining his spotlight in random places. Cop gets behind me and pulls me over immediately. Cop comes to window and says "who owns this car?" I quickly responded, "My mother." As I begin to say, "I am on the registration as well." The cop bursts out, "Your mom is suspended!" He then realizes what I had said and says, "well you're suspended too." It was hard to not laugh at him for saying my mom's license was suspended because I knew it was a flat out lie. He asked me to explain why I didn't have a license and I did so. (Paid a ticket the day it was due and court still had DMV cancel my license and I got so angry that I refused to give the DMV another $25 after it was paid to get my license back and trying to find a way to make the city undue its mistake.) The cop told me that he was going to give me a ticket for suspension and I would have to go to court but I would be allowed to still drive my car home then. I began to question the cop about the reasoning for why I was stopped in the first place. Asking him about his computer running my plates and how he determined that I was the one driving the car. He told me it did not matter if he could match me with the unlicensed driver because he would have " pulled the car over any way because [my] mom's license was suspended too." I could tell that he knew there was something a little off about his proving I was the one driving and reasoning behind the ticket and tried to get all friendly and let me drive home. I have a mandatory court date and would like to know if I should speak with a lawyer or just take it like always from the judge. When asked the cop assured that his only reasoning for pulling ME over was that I did not have a license. Does the fact that it was dark as heck and he lied about the status of the primary owner's license status as a better excuse to pull me over?
yes, you have a decent argument as to the stop. best thing to do is go to DMV, pay the fee, get your DL back and bring that to court to show the DA. they will likely dismiss the ticket then - or they may want you to plea to a zero point ticket w a fine. if you get any kind of moving violation, then you will lose your DL for a yea.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.