can i get a driving under suspension if i was never arrested my the officer??
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
can i get a driving under suspension if i was never arrested my the officer??
An officer charged me wit a D.U.S. without arresting me then put out an arrest warrent without me knowning i was being charged. Can he do that. I might have said i was driving but he never saw me driving
Asked on April 27, 2009 under Criminal Law, North Dakota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Why would the police officer have had to see you driving?
If you admitted you were driving you confessed to a key element of the crime. He did not have to arrest you at that moment -- he may not have realized you were driving under a suspended license.
If this gets to trial it would be a very short trial. He'd say you said you were driving. He'd show that your license was suspended. The prosecution rests.
You can always get up and deny you said it and claim you weren't driving. But you know where that will lead. If the jury believes you, or does not believe the officer when he says you admitted driving, you walk. If not, you may also get arrested for perjury.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.