Can I be charged for driving if i was in passenger seat
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Can I be charged for driving if i was in passenger seat
If a cop saw me driving but didn’t pull
me over at that time and waited until I
got in another vehichle in the passenger
and then pulled us and got me
Asked on April 27, 2018 under General Practice, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You write that "a cop saw me driving"--if the officer was able to ID you as the driver, you could be charged even if you were not driving at the moment you were and ticketed. No law requires a ticket to be given immediately or on the spot when the violation is seen.
Of course, it may be that the officer cannot convince the court that he saw you driving: if it was night, or rainy or foggy, or he was far away at the time, etc., the court might not believe him when he says that he saw *you* driving. So you might be able to defend yourself in court, if he is not credible (believable) about seeing you--but that does not mean he cannot write the ticket and force you to defend yourself in court.
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