• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Driving while suspended...BUT I WAS NOT DRIVING!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

tonywhite412

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

to make a long story short...i got a driving with suspended license charge in 2006
it all happened when i got into a car accident...i got in a small fender bender with another car
when the police arrived however i was NOT DRIVING the car.
i had already pulled my car over to the side of the road and had been waiting outside of it...
the police NEVER saw me operating the vehicle...i know it sounds rediculous but can this be used as a defense?
i mean, the officer has no real proof that i was ever operating the vehicle.
He never witnessed it.
 


Antigone*

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

to make a long story short...i got a driving with suspended license charge in 2006
it all happened when i got into a car accident...i got in a small fender bender with another car
when the police arrived however i was NOT DRIVING the car.
i had already pulled my car over to the side of the road and had been waiting outside of it...
the police NEVER saw me operating the vehicle...i know it sounds rediculous but can this be used as a defense?
i mean, the officer has no real proof that i was ever operating the vehicle.
He never witnessed it.
So I guess the menehunes who were driving your car crashed into the other vehicle, right:rolleyes:
 

I_Got_Banned

Senior Member
Just show the court proof that your car was on auto-pilot when you... oops, I mean "it" crashed into the other car and then move for a dismissal... ;)
 

Maestro64

Member
The officer does not need to see you driving in this case, the other driver could simple say you were the driver that hit them, and when the officer ask for proof of license and insurance and you fail to provide the proper documentation then law is behind you to write you a ticket for driving without a license. I would bet the officer also ask who was driving and you probably say it was you so you told him you were in fact the one that was driving.

Here however, if you think he was not in right you can take it to the court and the court will decide, however saying the officer never saw you is not a defense since he does not need to see you, as long was their is evidence you were driving.
 

CdwJava

Senior Member
So ... why are you raising an issue that was settled some 4 years ago???

Or is this a new issue and a new crash?

Note that the police do not always have to see you driving, only that they can show that you had been driving. if someone else saw you, that's enough. Plus, if you admit to driving that is also enough ... unless of course you claimed the "mystery driver" defense ... "Some guy I don't know and had only met today was driving my car. When he crashed he took off after tossing the keys into my jacket pocket. really! It happened!"

(Oh, and yeah, I have heard this story before for real ... and many far more creative and even less believable ones!)
 

I_Got_Banned

Senior Member
So ... why are you raising an issue that was settled some 4 years ago???
Probably went FTA...

(Oh, and yeah, I have heard this story before for real ... and many far more creative and even less believable ones!)
Most notable was when Swedish game machine entrepreneur Stefan Eriksson claimed someone else was driving the Ferrari Enzo when it crashed on PCH. Come to find out, he had brought the car into the country illegally, had stopped making payments on it, Aaaaand, his blood was found on the steering wheel...

The Plot Thickens in Ferrari Crash - Los Angeles Times

Never found out what happened to that guy. His name simply disappeared out of the LASD county jail inmate roster all of a sudden... Hmmm!
 

Antigone*

Senior Member
Probably went FTA...


Most notable was when Swedish game machine entrepreneur Stefan Eriksson claimed someone else was driving the Ferrari Enzo when it crashed on PCH. Come to find out, he had brought the car into the country illegally, had stopped making payments on it, Aaaaand, his blood was found on the steering wheel...

The Plot Thickens in Ferrari Crash - Los Angeles Times

Never found out what happened to that guy. His name simply disappeared out of the LASD county jail inmate roster all of a sudden... Hmmm!
I'm telling you IGB, its those darned menehunes. They are always out to get people ~ Always!!!!:p
 

tonywhite412

Junior Member
ThaNk you Java for an intelligent answer...this is not a new issue, it was just never resolved. I was never asked at the scene if I was driving the car, I think they just assumed that because I was the only one there besides the other driver...I also understand that if the other driver said it was
Me I would be guilty, but I don't imagine they will be bringing that other driver to court also. I'm not going to go to court and make up some huge story about a mystery man driving my car, I thought the burden of proof is on the law, if I say I wasn't driving and the officer has nothing to really prove I was I shouldn't have to explain who was...if they can't prove I was ultimately operating the vehicle isn't that enough...I mean yea it might sound far out I'm just trying to get some advice so I don't go into court and make a
Fool of myself
 

CdwJava

Senior Member
Most notable was when Swedish game machine entrepreneur Stefan Eriksson claimed someone else was driving the Ferrari Enzo when it crashed on PCH. Come to find out, he had brought the car into the country illegally, had stopped making payments on it, Aaaaand, his blood was found on the steering wheel...

The Plot Thickens in Ferrari Crash - Los Angeles Times

Never found out what happened to that guy. His name simply disappeared out of the LASD county jail inmate roster all of a sudden... Hmmm!
He pled guilty, did time in jail and was then was deported in 2008. Apparently he is held in Sweden on extortion and aggravated assault charges as well. He's a WEEE-ner.
 

Antigone*

Senior Member
ThaNk you Java for an intelligent answer...this is not a new issue, it was just never resolved. I was never asked at the scene if I was driving the car, I think they just assumed that because I was the only one there besides the other driver...I also understand that if the other driver said it was
Me I would be guilty, but I don't imagine they will be bringing that other driver to court also. I'm not going to go to court and make up some huge story about a mystery man driving my car, I thought the burden of proof is on the law, if I say I wasn't driving and the officer has nothing to really prove I was I shouldn't have to explain who was...if they can't prove I was ultimately operating the vehicle isn't that enough...I mean yea it might sound far out I'm just trying to get some advice so I don't go into court and make a
Fool of myself
The fact that you allowed this issue to fester for four years is proof enough that the menehunes aren't the only fools.:cool:
 

CdwJava

Senior Member
ThaNk you Java for an intelligent answer...this is not a new issue, it was just never resolved. I was never asked at the scene if I was driving the car, I think they just assumed that because I was the only one there besides the other driver...I also understand that if the other driver said it was
Me I would be guilty, but I don't imagine they will be bringing that other driver to court also. I'm not going to go to court and make up some huge story about a mystery man driving my car, I thought the burden of proof is on the law, if I say I wasn't driving and the officer has nothing to really prove I was I shouldn't have to explain who was...if they can't prove I was ultimately operating the vehicle isn't that enough...I mean yea it might sound far out I'm just trying to get some advice so I don't go into court and make a
Fool of myself
They are going to present you at the scene with your car, likely with a statement from the other driver saying you were driving your car, and the logical inference is that you were driving. Unless you take the stand on your own behalf, I doubt any court will have a problem convicting you. About all you can do is TRY to raise reasonable doubt by objecting if any statements are admitted from the other driver and he is not present, and asking the investigating officer on cross-examination if he ever saw you driving. It's a long shot, but, maybe.

And why has a suspended DL case taken 4 years to go to court? That's ... well ... absurd! Did you fail to appear?
 

I_Got_Banned

Senior Member
He pled guilty, did time in jail and was then was deported in 2008. Apparently he is held in Sweden on extortion and aggravated assault charges as well. He's a WEEE-ner.
That's what I thought... He was in custody at twin towers for a while (high bail or no bail.. not sure), and that he had an immigration hold while he was in LASD custody.....

I feel bad for his poor (gorgeous) wife! :D

Sorry for the thread jack, jack...
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top