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We got pulled over for driving on the fog line in

Customer Question
We got pulled over...

We got pulled over for driving on the fog line in Massachusetts. I was not driving, but the truck is registered in my name. Since we were moving from NY City to Florida, we rented a trailer from Uhaul. The driver did not have a Drivers liscens. he was let go after passing a sobriety test. we were subject to a search, where he found a couple of pipes and not even a ounce of weed. I got a charge for possession and for the pipes. my ticket is going to traffic court. I am listed as passenger on the ticket. when I called the station about the ticket, I was told that they do not right tickets for that anymore, but my court date is set for Feb 20th. Was it legal for them to pull us over and do a car search and let the driver go?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Massachusetts

Lawyer's Assistant: Do you need to appear in court?

I told them I was moving and passing through. I wont even be in that state.

Submitted: 4 months ago.Category: Criminal Law
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Answered in 5 minutes by:
1/13/2018
Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,932
Experience: 16 yrs. of experience including criminal law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. What do you mean was it legal to pull you over?

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Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago

What was the reason for the stop??

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Customer reply replied 4 months ago
for driving on the fog line. we did not even cross the fog line.
Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago

They can pull you over for that...and if they pull you over, they can search the car (the law is clear on this)...and if they found evidence of a crime? they can prosecute.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
I was not the driver, but I go the ticket.
Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago

That is fine...that is, if you were in the car and there was an illegal substance in the car?? They can prosecute you.

Now...can they convict?

That is a separate question...they have to prove your guilt beyond a reasonable doubt...so it may be they can not prove it was yours...but they can certanly charge you

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Criminal Lawyer: P. Simmons, Lawyer replied 4 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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P. Simmons
P. Simmons
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Category: Criminal Law
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Experience: 16 yrs. of experience including criminal law.

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