Just prior to turning into my apartment complex, a police officer pulled out of a driveway into the flow of traffic behind me. I was going 37/38 in a 35. I was able to get to my apartment and go inside before he stopped me. He hadn't turned on his lights or made any indication that he was going to stop me, so I didn't technically run from him. I am currently on probation for my first speeding ticket and getting another will result in jail time.
At this point, I am sitting in my apartment, needing to leave but scared he is out there waiting for me to leave again. Can he leave a ticket on my parked car or pull me over if I leave and he is in fact waiting? I do not believe he got my plate number, but again, I'm just scared he is waiting and can legally pull me over and write me a ticket.
In my state, you do not get away just because you escaped, that is not a defense. I believe he can still issue a ticket.
THE COP'S BIG PROBLEM: How does he know who was driving the car? Just because it is your car does not mean you were driving and you do not have to testify (5th Amendment).
My standard disclaimer: I am not offering legal advice, assume I do
not know the law in your state or at all for that matter and that I am
just making suggestions for starting points for when you do speak with
an attorney. Do NOT rely on anything I write and contact a lawyer in
your area immediately after reading my posting.
Getting away before being caught in the car you were driving is not a viable excuse or legal defense to violation of traffic laws. Cars have plate numbers so that the authorities can catch people that violate traffic laws with or without them actually being in the car when the police write the ticket.
My guess is this just isn't a big enough issue for the cop to get invested in.
But, he can't rightfully leave a ticket on the car. Speeding is not a parking violation; it is a moving violation. He has to ticket the driver. If he got your license plate number then he can look up the RO and conduct an investigation (the cop is not likely to go through the trouble for a simple speeding ticket). Assuming it was impossible for him to see the driver, he would not be able to ID you even if he saw you at a later time. If he has no aversion to lying, though, he could claim to recognize you as the driver.
In order to legitimately ticket you, he would have to get you to admit that you were driving. Don't do that. Ditto with the probation officer. You do not need to - nor should you - say anything to the cop (PO) if confronted about who was recently driving the car. You have a 5th Amendment right to remain silent now and at trial. Use it.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline