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J.A Evans
J.A Evans, Lawyer
Category: Traffic Law
Satisfied Customers: 24
Experience:  Prosecuted traffic, misdemeanor & felony level offenses 10 yrs. Worked as a judicial law clerk and wrote the judicial opinions.
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If requested by a Police to move a motor vehicle with a suspended

Resolved Question:

If requested by a Police to move a motor vehicle with a suspended registration a short distance on the highway,and if escorted by the Police while operating the vehicle, is there an exception to the violation of the vehicle and traffic law violation under these circumstances?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  J.A Evans replied 1 year ago.

J.A Evans :

Hello

J.A Evans :

I hope to help you with your question today

J.A Evans :

It would seem logical that if a police officer asked you to move the vehicle and he was aware of the suspended registration then there should be no recourse on the part of the officer for the suspended registration.

J.A Evans :

If you received a citation under those circumstances then you should absolutely fight the ticket. First off by contacting the officers superiors and also by contacting the prosecutor.

J.A Evans :

Officers are allowed to use their discretion in when to write citations and they do that all the time. Perhaps the vehicle needed to be moved for public safety. Then it was a necessary move and there should be no violation.

Customer:

The vehicle was allowed to be moved as opposed to being towed. I was wondering is there is an exception to the V&T chapter if acting at the direction of a Police Officer or under a Police escort.

J.A Evans :

Did you receive a citation

Customer:

No. But it is being alleged a violation occurred under these circumstances.

J.A Evans :

There is no written exception in the vehicle code. However, an officer has the authority to ask you to do something that protects public safety. If you disregard that request, then you could be subject to penalties such as criminal charges which are far more serious than a traffic offense. Courts always consider the initial reason and purpose for a law when they are enforcing the law. the reason for a vehicle registration is for taxation and identification. In your case, the fact that the vehicle did not have valid registration was not effected by it being moved. You need not worry.

Customer:

Thank you.

J.A Evans :

Glad to help. Please rate my answer so I can get credit. Have a nice evening

J.A Evans, Lawyer
Category: Traffic Law
Satisfied Customers: 24
Experience: Prosecuted traffic, misdemeanor & felony level offenses 10 yrs. Worked as a judicial law clerk and wrote the judicial opinions.
J.A Evans and 4 other Traffic Law Specialists are ready to help you

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