Can you be arrested for driving under a suspended liscense if someone else was driving the car when you were pulled over?

My fiance and I where pulled over and he was arrested on the grounds that the cop said that his partner in a seperate vehicle saw my fiance driving the car earlier that day. Even though he did not pull him over then. Please help. Is this proper prtocol or can we beat this charge?

Asked on June 11, 2009 under Criminal Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sounds fishy to me. Not sure who is telling the whole truth.  If you believe there was no probable cause to pull you over (i.e., your fiance was NOT driving earlier and thus could NEVER have been spotted) and you were not breaking any rules when the police officer (not "cop") pulled you over, then perhaps you may have a case to defeat it.

Contact a private criminal defense attorney at and check his or her record at the Georgia State Bar.

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 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.