More details to this question:
The other night my boyfriend was pulled over while driving my car. His license is valid and he has never had a moving violation. I am the registered owner of the car and my drivers license is expired. I don't drive anymore. The registration on my car is valid, there are no tickets on the vehicle. My boyfriend didn't get any tickets when he was stopped. When he asked why he was stopped the officer replied "because the registered owner of the vehicle does not have a valid license." Is this enough probable cause to pull someone over? Can the officer just assume that I am the one driving the car?
3 ANSWERS
No, in order for the stop to be legal- the officer must have a reasonable suspension that a vehicle code violation of some sort occurred. It is not enough that the officer knew you, knew you did not have a license- if you were not driving. If there were any resulting charges; retaining a criminal defense attorney to ensure your fourth, fifth, and six amendment rights are protected. If there was no case filed, you may consider a civil action for a due process violation by the officer.
Answered on May 27th, 2013 at 10:36 PM
Criminal Defense Attorney serving Washington, DC
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Rollins & Chan
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This area of law is challengable. The officer should make a facial recognition of the driver. They are using scanners to scan people license plate and then pull the vehicle over for bad tags. Most officers will put in their report that the individual matched the description in the DMV records. However, since no harm came about it, there isnt much to challenge.
Answered on May 27th, 2013 at 9:59 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Possibly. That issue has not been litigated but all it takes is reasonable suspicion.
Answered on May 27th, 2013 at 9:14 PM