Legal Question in Traffic Law in Wisconsin

traffic

if a sheriff did a uturn and pulled me over while i was walking up my stairs, can he give me a ticket for driving on suspension.


Asked on 6/24/09, 10:20 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

OAR, Operating After Revocation, Proof of Driving

Yes, but the fact that he can charge you with any offense does not mean that he can prove it in court. In order to convict you, the DA would need to prove beyond any reasonable doubt that you drove a vehicle on a public roadway and had reason to believe that there was a problem with your driving privileges. This does not require the officer to personally observe you driving. Instead, that fact can be proven by your admissions, testimony by others, or circumstantial evidence (for example, that you were the only one near a car with a hot engine which was in a remote location. Absent such proof, you would be found "not guilty" of the charge. My comments here are not intended as legal advice to you unless you subsequently retain me and revisit this issue with me afterwards.

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Answered on 6/29/09, 8:45 am


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