can i get a driving under suspension if i was never arrested my the officer??

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can i get a driving under suspension if i was never arrested my the officer??

An officer charged me wit a D.U.S. without arresting me then put out an arrest warrent without me knowning i was being charged. Can he do that. I might have said i was driving but he never saw me driving

Asked on April 27, 2009 under Criminal Law, North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Why would the police officer have had to see you driving?

If you admitted you were driving you confessed to a key element of the crime. He did not have to arrest you at that moment -- he may not have realized you were driving under a suspended license.

If this gets to trial it would be a very short trial. He'd say you said you were driving. He'd show that your license was suspended. The prosecution rests.

You can always get up and deny you said it and claim you weren't driving. But you know where that will lead. If the jury believes you, or does not believe the officer when he says you admitted driving, you walk. If not, you may also get arrested for perjury.

 


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