clarification on "driving while suspended"?

Question

While I was fishing about a 1/4 mile from my car a Fish & Wildlife officer approched me and inquired about the car along the road. After telling the officer that the car was mine and that I was suspended, I was cited for "DUS". Earlier that morning my girl and i met a friend to fish, he drove her home becouse of rain and cold on his way to work leaving me the key's.
Can I beet this citaiton, having no addmission to guilt or witness to the cited offense?

Answer 1

i have worked for the court system for the last 6 years and u can't get a ticket for something that ur not doing whether u told him that u were suspended or not (which u shouldn't have unless he asked u) all u had to say was the car was urs.. but the fish and wildlife guys in my jurisdiction aren't allowed to give tickets like that but basically call an attorney tell him what happened and he will tell u whether u have a case or not.. if ur in the north west ohio area let me know i can give u the name of some really good attorneys.. good luck

Answer 2

You might have a case.

While I am not a lawyer, the issue would boil down to your witnesses (your girlfriend and friend) being able to testify as to what happened prior to the officer's arrival. It would not be illogical for the officer to draw the conclusion that you were driving while suspended since (1) you were the only person in the area and (2) you admitted ownership of the vehicle. If you were to put yourself in the officer's position, you can understand why he would make such a conclusion.

If anything, I would get a lawyer. You could get this charge dropped because of the circumstances.

Answer 3

I have a feeling that there's more to this story than you're telling....but to answer the question, the Fish and Wildlife people are not in the business of enforcing traffic regulations, so I don't see how the officer would have the authority to write you a traffic citation. Also, if the officer didn't actually SEE you operating the vehicle, then the ticket isn't legal.

Answer 4

1stly, i would question whether a fish and wildlife officer even has the authority to encite you for anything! lol

And if you didn't admit your guilt to the officer then if the case comes to court, just get your your girlfreind to say she was driving and you can't possibly be convicted by any sane court. Not unless theres further evidence you don't know about.

It sounds like a bit of a ridiculous situation to me and that the so called officer overstepped his authority. In the UK, it wouldn't even come to court and if it did, it would probably be thrown out. I'd still consult a solicitor though just to make yourself clear on the procedure.

Answer 5

I dont see how a game warden can cite you for dus. I dont get it. Yeah I always thought you had to be in the car driving to get a DUS. It's like they cant get you for a DUI when you arent driving. I would talk to a lawyer before you plead to something. Anyone could have been driving your car.

Answer 6

When you got to court...take your friend who drove your girlfriend home as a witness. But...did YOU drive to where you were fishing?? It's against the law to lie under oath. I actually can see both sides.

Answer 7

How about "sexting" even as driving... or only immediately speaking on the phone. you are able to get a 12 volt mini television and plug it up. deliver some "tweets"... Do your nails eliminate the makeup out of your face 12 volt heater and bake cookies i could bypass on...

Answer 8

If you weren't driving I say you have a case.
Just because it is your car doesn't mean you are driving it to that spot unless the officer has proof otherwise.
Get a lawyer and fight it.

Answer 9

I can't see how you can get cited for driving while suspended. He didn't actually see you driving the car.