Can I be cited for driving with a suspended license, if the cop got me while I was out of my car and driving?

Asked on July 14, 2015 under General Practice, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Driving with a license suspended is only an offense if (1) you were driving and (2) your license was suspended.  If you were not driving, you cannot be cited.  OR... if your license was not suspended, then you can not be cited.  The officer must allege and prove both elements-- not just one or the other.

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