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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was pulled over by an officer and I had a suspended license

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I was pulled over by an officer and I had a suspended license and registration, that officer transported me to a DUI check point for a sobriety test, I was not intoxicated. the traffic tickets I recieved in the mail are not from the officer that stopped me, they were written by the officer who had performed the sobriety check. That officer never saw me driving or my car for that matter. Does this provide a loop hole?

The tickets don't have to be issued by the officer who made the observations that were the basis of the tickets, but the officer who actually made the observations will have to appear and testify. The other officer cannot testify as to what the observing officer told him about seeing you operating a vehicle because it is hearsay. So while it is not an automatic loophole, if the original officer doesn't appear in court, then the prosecution will not have anyone that can put you behind the wheel of the car, which is necessary to prove driving while suspended. Since the original officer didn't issue the ticket, it is possible he won't even be summonsed to appear that day, unless the other officer added his name as a witness.

If possible, you may want to get your license and registration up to date and bring proof with you to court. That way, if the observing officer does appear, you can at least try to work out a better deal, such as a lesser fine, in court.
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