Can I fight the citation? 7 Answers as of January 08, 2014

I was taking a friend home because it was below zero and snowing outside and she did not have a vehicle. A cop indirectly followed me (weaved in and out of streets) and pulled up next to me after I had parked and turned the truck off. He happened to know who I was, as I live in a smaller size town, and he ran my name through the system to see if I had a valid drivers license (which I don't) before he pulled up next to me. He didn't even flip his lights on. I had not committed a traffic violation, I just don't have a license. Is he allowed to do this? Can I fight this in court? I wasn't driving when he pulled up, my vehicle wasn't even on. I thought he couldn't give me a ticket without actually pulling me over?

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
The stop was legal. The charge is proper. Whether you can fight it in court from what you say, I don't give you much of a chance.
Answer Applies to: Washington
Replied: 1/8/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Wrong, if he observed you driving and you have no license you are the violator.
Answer Applies to: Michigan
Replied: 1/8/2014
Gates' Law, PLLC | Thomas E. Gates
You cannot win. He has a right to check on your driving status.
Answer Applies to: Washington
Replied: 1/8/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
He caught you breaking the law. You should not have been driving. He can cite you for this. It was not a sudden emergency, which is about the only defense to driving without a license.
Answer Applies to: Michigan
Replied: 1/8/2014
Jefre S. Goldtrap
Jefre S. Goldtrap | Jefre S. Goldtrap
The officer will likely testify that he saw you driving and had recent and previous knowledge that your license was not valid. You can fight the citation but the officer will testify to the driving and the condition of your license is a matter of record.
Answer Applies to: Tennessee
Replied: 1/8/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Driving without a license is a traffic offense. You have no defense. He does not need to turn on his blue lights. He pulled up next to you after you parked. So, he did not pull you over. He pulled next to you, confirmed it was you, and ran your name. You got caught. Sure you can fight, you just have nothing to fight with.
    Answer Applies to: Georgia
    Replied: 1/8/2014
    Ascheman & Smith | Landon Ascheman
    Driving without a license is a traffic violation. He doesn't need to pull you over to give you a ticket. You may still be able to negotiate for a better resolution to your case, but the challenges you discuss are not valid legal arguments.
    Answer Applies to: Minnesota
    Replied: 1/8/2014
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