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Can I be ticketed and charged with driving with a suspended licence if the car was parked?

Columbus, GA |

My girlfriend and I were sitting in the car parked in the cross section between two handicap spaces. We were parked in this space because of blocked traffic. As we exited the car to enter the location, a disturbance moved from inside to outside the building so i instructed her to run and get back in the car. She ran and jumped in the nearest door the passenger side and I went around to the drivers side. While sitting there being nosey we were blocked in by the officers coming to handle the situation therefore we were forced to wait until they were done. Once done one officer who's car was blocking ours came and tapped on the window and asked why was we parked in a handicap space. He took down my information, b/c I didn't have my wallet, ran my license and came and arrested me.

Attorney Answers 4


  1. Hire an attorney. Should be hard for the State to prove. Additionally, you were blocked in and not free to leave. That point is a large issue in the case also.


  2. You need to hire an attorney. Regardless of what may have happened, driving on a suspended license is a more serious crime than you might think. As you have already experienced, you can go to jail, you can have your license suspended for additional time, and there are associated fines. I don't know if you have been charged with this before, but if you have had similar charges in the past, the consequences get worse. Only an attorney can protect you. Innocence is often irrelevant.


  3. Find yourself a criminal defense attorney to fight this. Without proof of driving, the government will have no case.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. They are going to need proof that you were driving the vehicle. If you didn't admit to driving this is going to be hard for them to prove. You need to be very careful with the suspended license charge because it carries 2 days in jail, and an additional 6 month license suspension if convicted, and this is a hard suspension meaning there is no limited permit for work. Also, depending on why your license is suspended, and whether or not the state is required to give you notice of this type of suspension, can also be huge defenses to your case.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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