I got pulled over on a 49cc scooter and was asked about why i don't have a tag on it, i said it's 49cc you don't need one. The cop asked for my license (which is currently suppended back child support) He told me to write my name and DOB on his pad of paper, so I did. He comes out of his car and asked me if I had someone to drive the scooter so he didn't have to impound it. My fiancé came and got it and I was placed under arrest for driving on suspended license (ticketed) 40-5-121 and no moped license (ticketed) 40-6-351. I drive 8 miles to work M-F on one road straight down the road, they see me the same time on those days, Did he have to run my license since I was pulled over for NO TAG ORIGINALLY? and then my license issue came up?
If he pulled you over it is most likely that he did have to run your licence.
he 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 Arizona. Responses are based solely on Arizona law unless stated otherwise.
Cops are allowed to be wrong. He probably knows that no registration is required for mopeds, but he will play dumb and say that he didn't know that and pulled you over in good faith belief that you were committing a crime. Once he pulls you over, he can ask for your DL, which IS required for a moped.
Mr. Steakley is right about the good faith basis for the stop, but it can be challenged. If you can get a valid driver's license, you might be able to work out a favorable resolution to your charges without having to litigate it in court. You should speak to an attorney about your case.
You may be right, but officers will stop you, and ask you these questions. If they even suspect your scooter is 50cc's, or more, they're going to stop you.
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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