Legal Question in Traffic Law in California

I recieved a ticket for driving 5 mph on suspended lic. I was parked at a gas station eating a hot dog in the truck.3 officers knocked on window asked to get out & asked questions I asked why and what is going on? told I was suspicous??? Im a 50 yr old well dressed sober woman. I was handcuffed given a choice of jail or getting hotel i was 45 miles from home. My friend with me has Lou Gerhigs and I have Lupus. We had to walk across a freeway overpasss 1am freezing cold No coats. Could I fight this I wasnt driving!


Asked on 10/31/09, 1:20 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If there were only two of you in the truck, the truck was not owned by the gas station, and the other occupant has a neurological disease that probably prevents them frrm lawfully driving a vehicle--do you not think that it is a logical conclusion that you must have driven the truck into the gas station as a speed of at least 5 mph? I would think so. Your posting does not deny that that was the situation. Police officers are not required to see an event occurred to make a stop and investigate if there are facts which imply an illegal act may have occurred. When there is a body on the ground bleeding from a gapping hole in their side an another person holding a gum in their hand, the police are allowed to infer that the other person probably shot the one on the ground.

Since you were not seen entering the gas station lot, but it is a reasonable inference you did, putting down that you were going the minimum speed necessry to move is not unfair or illogical. Since you did not have a license allowing you to drive, what were the police supposed to do? You were unable to drive the vehicle away because of your suspended license, so the only options would seem to be going to jail or getting a room to stay. The police do not have to provide transprotation for you. Perhaps they should not have handcuffed you, but you do not provide any information that they did not feel you were so uncon-operative as to require less. I do not think you would wln as to fighting their decision..

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Answered on 11/05/09, 2:30 am


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