Can an officer give you a driving citation if you were out of your car and almost to your door?

UPDATED: Dec 14, 2011

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Can an officer give you a driving citation if you were out of your car and almost to your door?

I pulled into my parking space in front of my house. I exited the vehicle and was headed to my door when a cop did a you turn and flipped his lights on. He got out of his car and asked me to come over. I did and he said he was pulling me over. After running my license he wrote me a ticket for driving on a suspended license which Ididn’t know about because apparently my insurance had lapsed at some point. I’m wondering if this can stick in court since I was not actually driving the vehicle?

Asked on December 14, 2011 under General Practice, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the officer saw you driving--for example, he saw you pull the car into the driveway, so clearly you were driving it--then he can cite you for driving with a suspended license. There is no legal requirement that you have to be in the car at the time the ticket is written--only that the police officer must have seen the violation (driving with a suspended license) that you are being cited for.

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