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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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