QUESTION
Can I get charged driving without a License if the cop did not see me drive?
Asked on May 04th, 2013 on Criminal Law - South Carolina
More details to this question:
I was in an altercation at my brother's house over my children. My fiancé's car was parked around the corner from my brother's house. I have a suspended license for driving under a temporary suspended license. I went to his house to get my kids and he was refusing to give my kids because he smelled alcohol on my breath. So I called the police so I can get my children. Once the police officer arrived, my brother had mentioned that I drove to his house and described my fiancé's car, but I told the police officer that I walked to my brother's. The police officer finally left after me and my brother started talking things out. Ten minutes later, the police officer knocked on the door asking me to come outside, he said I know you drove here because I seen your fiancé's car parked and the owner of the car has the same address as you. I told him that the car has been parked there and I did not drive, I walked. Three days later, I get a citation in the mail for driving under a suspended license and I could be looking at jail time. Does the cop have the right to charge me if he never seen me driving the car, never seen the keys?
7 ANSWERS
Yes he can, because he can use circumstantial evidence to show that you must have been driving, even if he didn't see you. Which is why you need a lawyer.
Answered on May 06th, 2013 at 4:46 PM
The judicial system can charge a person for a crime, and take that person to trial, based on having enough evidence that there is 'probable cause' to believe that a crime was committed and that you committed it. In practice, this standard is fairly low, and it is often very difficult to win a case by saying that there was not probable cause. However, I do think that without more evidence, the State will have a very difficult time convicting you of the crime they say you have committed. If I were your attorney, I would review the State's evidence and make sure that they didn't have anything else against you (such as the testimony of a friend or neighbor who saw you drive), and if they did not, take the case to trial. At trial, the State must prove beyond a reasonable doubt that you committed the crime, and the evidence you have described is not enough, in my opinion, to do that.
Answered on May 06th, 2013 at 4:45 PM
He can charge you- proving it is another matter. You need an attorney. This is serious.
Answered on May 06th, 2013 at 4:45 PM
Geoffrey MacLaren Yaryan
Depends on whether the evidences supports the belief that you must have been driving since there is no other reasonable interpretation of the circumstances. This is a factual question for a trier of fact, either judge or jury, to determine.
Answered on May 06th, 2013 at 4:45 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Well you have already been charged. That said, it sounds like the prosecutor is going to have a difficult time proving beyond a reasonable doubt that you are guilty of the offense. Of course, this means you will have to go to court and argue your case. Sounds like a really weak citation. Hopefully, the prosecutor will see this and dismiss the charge. Hope this helps.
Answered on May 06th, 2013 at 4:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can be charged, the question is whether or not you can be convicted. Direct evidence is not necessary and you can be convicted of a crime on circumstantial evidence alone, it is just a more difficult case for the prosecution to prove. Get a good attorney
Answered on May 06th, 2013 at 4:44 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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The police officer has the burden of proving beyond a reasonable doubt that you drove the car. You do not have to testify. Therefore I am not sure how the police officer plans to prove his case.
Answered on May 06th, 2013 at 1:22 PM