If I was ticketed for driving under suspension but was not in the driver seat, can I beat it?

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If I was ticketed for driving under suspension but was not in the driver seat, can I beat it?

When they ticketed me I was in the passenger seat and the cop still gave me the ticket saying he saw me driving. Is there a good defense to this? It was 3:30 pm and sunny outside. The officer had only about a minute to observe. My girlfriend was in the car and so I would say that we do not look alike. She was in the driver seat when we were pulled. No one made a statement to him. He said why was he driving earlier and I simply said I am not supposed to be driving.

Asked on September 26, 2011 under General Practice, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were cited for driving on a suspended license and wish to contest the citation, you need to remember that the prosecution bears the burden of proving the crime by "beyond a reasonable doubt" which will require the citing officer to attend the hearing in person.

You have the right to cross examine the citing officer as well as to call witnesses on your behalf such as your girlfriend who was supposedly driving.

You need to present a clear defense that you were not the person driving. Whether or not the trier of fact believes the police officer and the prosecution meets its burden of proof as to the charge against you remains to be seen since you have yet to have your trial.

Good luck.

 


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