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Non-Licensed driver in parked car?

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sparklingdark

Junior Member
What is the name of your state (only U.S. law)? MA

I was ticketed for being unlicensed. I was with my girlfriend in her car, she was in the passenger side, I was on the driver side.

The car was stopped, the engine off, and we were in a parking lot. I was given a $500 ticket.

I should also say that this was on the National Seashore, so the officers were Federal(?) officers.

If I contest the ticket and go to court, what is the chance that the ticket will be thrown out? And if it's not, will I have to pay only the $500 or will there then be other fees and costs?

Thank you.
 


adam_12

Member
Did the officer ask where the keys were?

I've heard of people being cited for drunk driving when they were sitting in the drivers seat, in a parking lot, engine off. But keys in the ignition or with them.


You should do more research, but having the keys in the personal control of a liscensed driver should clear you.

The problem of course is getting that fact in front of a judge

You usually pay no more for going to court, so I'd do that. Ideally you can get with the prosecutor and maybe get it dropped, but on the other hand the cop may lie and say the keys were in the ignition....

Sorry I'm not much help

A
 

Maestro64

Member
The courts have give the police broad rights on this subject, and as it was pointed out above even if you're sleeping off drunken state in your car you can be found guilt of DUI, you no longer need to be driving these days, they have basically said if you have the opportunity to drive is enough for them to arrest or ticket you. They do not have to prove you drove there or even plan to drive later the mere fact you were in driver seat gives you "opportunity" and that is the key word the courts have used to say you are guilty.

Whether you agree or not, courts are now setting precedence that you can been ticket and arrest for having the ability to commit an offense and you do not have actually have to follow through.

Go watch the movie Minority Report, and this is what are legal system is moving towards.
 
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HighwayMan

Super Secret Senior Member
Just curious, why were you sitting in the drivers seat? Were you playing with the steering wheel saying "vroom, vroom" and fantasizing about what it's like to drive?





Sorry, couldn't resist.
 

justalayman

Senior Member
Whether you agree or not, courts are now setting presidents that you can been ticket and arrest for having the ability to commit a offense and you do not have actually have to follow through.
.
OP did not have the ability to commit the offense as OP did not have possession of the keys.

Even with DUI, I believe in Ohio, it has been ruled that the person must be in the drivers seat and have possession of the keys to be found guilty.
 

CdwJava

Senior Member
Which is why we need the specific code section. It may have been for something not quite for driving while unlicensed.

Plus, we don't know what the officer saw only moments before. While the keys may have been in the girlfriend's purse, that does not mean they were there a short time earlier ... perhaps when the officer saw him the first time?
 

sparklingdark

Junior Member
Thanks Justalayman. I looked at your link and saw the wordage. I guess it'll be a matter of how "operating" is interpreted.

I wonder also if I do choose to go to court over this, will there be any extra costs involved; late fees, court costs, etc.

Thanks.
 

CdwJava

Senior Member
Were you driving the car earlier? Did either of you admit to your driving the car? Did your girlfriend deny driving the car?
 

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