OK here is the situation. The driver was pulled over and had only a instruction permit, not a license. The cop noticed this, but only issued a ticket for speeding and no seat belt. The cop then let the driver drive away. It says nothing about the lack of driver license on the ticket.
Isnt this a technicallity? will the ticket be dismissed?
2006-07-04 07:01:40 · 8 answers · asked by Anonymous in Cars & Transportation ➔ Other - Cars & Transportation
The driver was alone in the car which makes driving illegal.
2006-07-04 07:02:44 · update #1
the tickets will not be dismissed - and the prosecutor can additionally ammend the indictment in the court room & add driving without a lisc if ya go into court and point out that you were driving without a lisc driver- this would leave you without the cance of getting a lisc anytime soon!!!
the cop was trying to be nice - pay the ticket if you fight it - you have to admit to breaking additional laws!!
2006-07-04 07:05:50 · answer #1 · answered by Shopaholic Chick 6 · 0⤊ 0⤋
No the ticket would not necessarily be dismissed on this basis alone, however it depends on the laws in your jurisdiction and the applicable case law / precedents. Ordinarily, if a ticket is disputed, the officer only needs to prove the essential elements of the alleged offence (in this case speeding). It sounds like the officer either used discretion in not issuing a ticket for the other offences or errantly did not cite the driver. Either way, if the driver disputes the ticket and the officer is able to successfully prove in court that the driver was speeding then the seat belt and instructional permit do not become a factor in determining guilt. The judge may consider this in sentencing. (Again laws vary from one jurisdiction to another so check). In British Columbia the officer actually has one year to issue a new ticket for the other offences if they feel that it is warranted, so just because the cop let the driver go at the road side doesn't necessarily mean they are out of the woods on those offences either.
2006-07-04 07:17:03 · answer #2 · answered by Rare Indigo 4 · 0⤊ 0⤋
The cop was lenient and the guy should thank his lucky stars he didn't get the car towed away and a much steeper ticket.
What probably happened is that the guy got stopped in a speeding trap and the cop was only concentrating on getting as many speeding tickets issued as possible to meet a quota. Going into that whole towing thing and possibly arresting you would have been a waste of his time at that moment and he wouldn't have met the ticket quota.
And no, just because he didn't give the guy a much steeper ticket does not mean that the one he gave is invalid - if the guy brings that up as a defense, he risks getting the higher penalty and maybe losing possibility of getting the driver's license for a while - depending where you're (oops HE's)
SUGGESTION: Shut up and pay the ticket!
Toodles.
2006-07-04 07:08:05 · answer #3 · answered by MarQus1 4 · 0⤊ 0⤋
The cop could've give a ticket, but he doesn't "have to". That's what we call "discretionary power", meaning the cop can decide if he gives a ticket or not. And if law is the same where you're from, he could've even seized the car. That was the driver's lucky day. The other tickets won't be dismissed.
2006-07-04 07:08:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
a driver's permit is ok as long as there is an adult in the car with the driver. Check with your state. Have a nice day. The ticket shouldn't be dismissed. Most people are issued a permit for a specified amount of time before they are issued a license.Call your local DMV or DPS (in Texas).
2006-07-04 07:31:05 · answer #5 · answered by firestarter 6 · 0⤊ 0⤋
the cop was giving you a break and saving you several 100 dollars by not having your car towed, which was his other option.
just be grateful and pay for the ticket you did get, and yes, it is valid and will not go away.
2006-07-04 07:11:37 · answer #6 · answered by alter_tygo 5 · 0⤊ 0⤋
If you're trying to get out of a ticket, the way to do it is NOT to tell them that you were also driving without a proper liscense. If anything, this will increase your fine.
2006-07-04 07:06:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You, or your buddy got cut the biggest break of his life....shut up and pay the ticket.
2006-07-04 07:07:05 · answer #8 · answered by dathinman8 5 · 0⤊ 0⤋