What to do if I was pulled over the other night and have a suspended license?

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What to do if I was pulled over the other night and have a suspended license?

They thought I was my mom, whom they have mistaken me for before. They searched the car and found 2 prescription norco in a bottle that didn’t have a prescription label on it. The officer is giving me a couple days to call him and provide the presciption from the doctor or he said he will find me and arrest me. Is that legal?

Asked on February 24, 2013 under Criminal Law, California

Answers:

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

Answered 8 years ago | Contributor

Officers usually make two types of arrest.  The first is "on view" meaning they see you commit the offense.  The second is arrest "by warrant" where they sign an affidavit with facts supporting that you committed an offense and a judge issues a warrant for arrest.  Either way is legal.  The officer had the authority to arrest you when you had a controlled substance without a prescription.  He also has the authority to request a warrant be issued for your arrest later.  It appears he's giving you an opportunity to show that this was a misunderstanding and that you do have a prescription.  If you are concerned about talking to him again and making statements that could hurt you, then I would suggest hiring a defense attorney to communicate your information for you.  This will convey your defense without exposing you to an interrogation by the officer.


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