QUESTION
Can my husband be pulled over for driving my truck because my license expired?
Asked on Aug 20th, 2014 on Criminal Law - Massachusetts
More details to this question:
My husband was pulled over after the officer ran my plates and found that my (I'm the registered owner) license has expired. Now here's a couple other facts. We have had, to put in his words, several interactions with the officer that pulled him over so the officer knows us both by name and my husband said that he made eye contact with this officer when he passed by him so he saw that it was not a female driving. Even if he didn't see that it wasn't me driving then, he surely noticed when he approached my vehicle and asked my husband for his license and registration. Can he do that?
1 ANSWER
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It is certainly an arguable issue. It is not a slam dunk in either direction because the standard to pull someone over is probable cause, a much lower standard than beyond a reasonable doubt. It may be worth pursuing as a motion to Dismiss. However, it can also be used as leverage to obtain an outcome that is acceptable but certain. If you challenge the stop and lose, it lessens your chances of a favorable outcome from the prosecutor. Its certainly something to explore with your attorney. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.
Answered on Sep 04th, 2014 at 12:19 PM