I was unaware that my license had been suspended. I did not commit a moving violation and was not cited for one. The police must have just ran my plate and saw that my license had been suspended. I had forgotten about a ticket I had received in Brookline MA for an illegal left turn....stuck in rush hour traffic, kid late for school...
Can police just pull you over even though you didn't commit a moving violation?
What should I do at the arraignment?
Criminal Defense Attorney
Often times these are matters that can be taken care of at the arraignment without a guilty finding. It is wise to bring documentation with to Court to demonstrate that you have paid the ticket and have gotten your license reinstated. If you haven't done this yet, you should be sure to take care of it prior to your arraignment date as it will only help you. In many courts the prosecutor will recommend that the charge be dismissed if it is a first offense (depending of course on your criminal and driving record) upon proof of reinstatement and/or upon payment of court costs. When you arrive that morning you can ask the prosecutor if for your case is one that they would be willing to resolve that day and if they have a recommendation for disposition. If the matter cannot be resolved with some form a of a dismissal, and the prosecutor is looking for a continuance without a finding or a guilty finding, you consult with an attorney about your case.
Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.
Criminal Defense Attorney
The police are allowed to assume that the car is being driven by the registered owner of the car, and if the owner has a suspended license, then the police can stop the car. If you were not the owner and differed in some obvious way from the owner, for example, if the owner is female and you are male, then the stop wold have been invalid and any evidence discovered as a product of the illegal stop could be suppressed. Considering a suppression motion at this point is making a mountain of a molehill; most operating after suspension charges are dismissed at the arraignment upon the payment of a fine, usually in the $100-$200 range, if you have a semi-decent driving and criminal record. Prior to your court date, you should ameliorate the situation that caused your license to be suspended in the first place, and show up in court with proof of a valid license. This will maximize your chances of getting the matter dismissed on a fine on the first court date.
Sorry to hear this. You should be able to have this dismissed upon court costs unless you have prior matters. you may want to consult an attorney, it could save you money and time. Good luck and take good care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.