Can a state trooper now cite me for erratic driving if he didn’t pull me over but only got my plate and left me a voicemail?

Are they allowed to do that? How can they prove it was me driving under the accused circumstance?

Asked on July 26, 2018 under General Practice, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, an officer does not have to cite a driver at the time of the incident; they can do so after the fact. Accordingly, unless you can provide evidence to the contrary, if you are the registered owner, under the law the presumption is that you were the driver.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can cite you after the fact: the law does not require them to cite you on the spot.
If they cite you for erratic driving, if the car is registered to you, the presumption (which the court can rely on) is that you were driving UNLESS you provide evidence that it was someone else.

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