Can the police issue a ticket without pulling me over? 6 Answers as of February 16, 2012

A friend was speeding through a 30 mph zone. Maybe going as fast as 60 mph. The cops followed him but never pulled him over. They never had their lights on. He eventually lost them. The police from that town called him to ask him to come down for an interview. He is not the registered owner of the vehicle but does reside in the same address as the car owner. What should he do?

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The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
I definitely, absolutely, would not go down to be interviewed by the police! As far as the speeding issue, there is no requirement that the police have to pull you over at the first observance of a violation. However, they do have to personally witness that violation within their geographic area of employment and swear that they, in fact, could recognize the driver of being the operator of the vehicle during the violation.
Answer Applies to: New York
Replied: 2/16/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
He has a 5th Amendment constitutional right not to answer any questions by the police. I would advise him to exercise that right as the police are only seeking to gather additional evidence or place your friend under arrest. Your friend should retain counsel who will 1) protect his rights and 2) be able to speak to the police on his behalf and find out if the police want to question him or arrest him.
Answer Applies to: New York
Replied: 2/15/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should never talk to the police or give them any more information than your name and address. If you are pulled over they can ask for driver's license, registration, and insurance card. If they do not pull you over it is unlikely that they can identify you as the driver so they will ask to talk to you in order to get you to admit to driving or to tell them who was driving. You should not talk to them no matter what they threaten or promise. If they arrest you or give you a ticket retain an attorney to handle the matter.
Answer Applies to: New York
Replied: 2/15/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Your friend is in a lot of trouble and you should advise him to call our office to contemplate representing him before the police department and in any subsequent arrest and court proceeding.
Answer Applies to: New York
Replied: 2/15/2012
Law Offices of Frederick L. Sosinsky | Frederick L. Sosinsky
He should not admit that he was the operator of the vehicle or provide any information about himself other than that on his ID.
Answer Applies to: New York
Replied: 2/15/2012
Bruce Plesser | Bruce Plesser
Don't go. Unless they can ID the driver they have no case.
Answer Applies to: Florida
Replied: 2/15/2012
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