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Police pulled me over for having a suspended license, but it's not suspended, it's a restricted license. Was he in the right?

Scranton, PA |

A PA state trooper pulled me over and told me I'm being stopped because when he ran my plate, my license came up as suspended. I have a probationary license, which means I can drive between 6 am and 7 pm, anywhere and for any reason. This was well within that time allotment. Was subsequently arrested for suspicion of DUI. Since then I have become eligible for, and have received, my full license. Never got any mention of my probationary license being suspended when I went to get my license at the DMV. So, either the officer misinterpreted the information on his laptop, or, the information showed (though erroneously) that my license is suspended. I'm thinking that if he misinterpreted the info, then the stop was unlawful; but if he got the wrong info, then his belief is all that matters.

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Attorney answers 3

Posted

It is unclear, but I gather that the DUI arrest you are referring to was the result of this stop as opposed to the reason your license was originally suspended. If that is the case, a motion to suppress the evidence for an illegal stop may be successful. You need an experienced trial counsel.

Michael L. Doyle
(215) 900-5565

This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

Asker

Posted

The way things are going in this country, and how small my area is, I wouldn't be surprised if the judge denied such a motion, no matter how valid it might be. Been a month and no charges filed yet. When the time comes, I'll see a few lawyers and see what they say. Have to shop around, though, as some lawyers here have different styles. One might tell me to plea and go to rehab, while another will tell me I can fight it.

Posted

Sounds like he was wrong-- you may win this one.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Posted

You may have a defense. Retain an experienced criminal defense attorney to represent you.

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