if a cop said i was driving without a license and i wasnt can he charge me

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if a cop said i was driving without a license and i wasnt can he charge me

he said he saw me driving and that they saw me pull in to a gas station and they
were gonna get the tapes to prove i was driving is that legal and does the gas
station have to give him a copy of the tapes? is there anything i should do i
preparation to my citation?

Asked on July 5, 2016 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The threshhold to be "charged" with a crime is much lower than to be convicted: to be convicted, your criminaal act must proven "beyond a reasonable doubt," but to charge you with a crime, all that is required is "probable cause," or that there is some reason to think you did what you were accused of. An officer's testimony (e.g. that he saw you driving) is enough for that. 
As to the tapes...if the prosecutor subpoenas them, the station will have to provide them.
For your hearing: the best thing you can do is hire an attorney to represent you. Beyond that: 1) don't say anything about this to anyone--anything you saw could potentially be used against you; 2) if you don't have a license but can get one (i.e. complete requirements, etc.) before the hearing, do so, to show you are now in compliance; 3) don't drive again without a license--the last thing you need is to be accursed again and show a pattern of disobeying the law.


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