Can You Be Cited for a Suspended License if You're Not Driving

[cofdq8]

My question involves a driver's license issued by the State of: Ohio.

On May 3rd, my vehicle was pulled over (I was not driving, but in the passenger seat) for expired tags. My tags expired on April 13th. I had just purchased the car in December and didn't realize that I had only purchased tags for four months. This piece is clearly my fault.

The officer gave me a citation that required me to show up at Mayor's Court and show proof that my tags were up to date. I called Mayor's Court yesterday to ask if I could simply fax over proof of current tags...The clerk said that was fine, and then so, "No, you have to come, this citation is for failure to reinstate". I wasn't even sure what this meant. She stated that my license was suspended. I was shocked as I knew I did not have a suspended license.

I immediately went to the BMV and they printed me up an abstract of my driving record showing that my license was valid. I took this to court with me. The magistrate would not accept it stating that it only proved that my license was valid starting yesterday. I explained that had the BMV said the abstract covers two years prior and that indeed had my license been suspended, I would have had to go through some reinstatement process while I was at the BMV, which of course I did not have to do.

Now I have to go back to court again, to give the court time to research my driving records from the BMV. My first question is...Can you actually be cited for a suspended license if you are not the one driving the car ?
Second, because this is clearly an error on their part, and I now have to take off work for a second time, do I have any right to ask the court to reimburse me for lost money ?

[aaron]

Now I have to go back to court again, to give the court time to research my driving records from the BMV. My first question is...Can you actually be cited for a suspended license if you are not the one driving the car ?

Obviously you can be cited for the offense, as you were. As you have told us it was an error - the citation should be for your expired registration. Mistakes happen.

Second, because this is clearly an error on their part, and I now have to take off work for a second time, do I have any right to ask the court to reimburse me for lost money ?

No.

[cofdq8]

Actually Aaron, as you said, mistakes happen...So my question was whether or not it was an error/mistake for him the officer to cite me for a suspended license (THAT IS NOT SUSPENDED) if I was not driving the car...It makes no rational sense to me whatsoever. If you do indeed have a suspended license, then you are not allowed to drive and I was not driving.

[aaron]

At least in this forum, it isn't in dispute that the officer made a mistake. You apparently have chosen not to argue to the court, "I was given this ticket by mistake, when the officer meant to cite a different offense." If you want to raise that argument, other than the concern that it might lead to the amendment of the citation to the correct charge, is something stopping you?

If nobody brings the mistake to the court's attention, how could you expect that the court would rule on the issue?

[cofdq8]

I did bring it to the courts attention, along with proof that my license is not and never has been suspended. The Magistrate insisted on a continuance saying that he wanted a more thorough print out from the BMV. My question in addition to the fact that it was clearly a mistake is whether or not it is LEGAL to cite someone for a suspended license if they are not the actual driver of the car ?

[PTPD22]

No, you cannot be cited for driving on a suspended license when you were not driving. However, according you your original post, that isn't what happened. What you said was that the cop gave you a citation for expired tags...which they were. So, the question of " whether or not it is LEGAL to cite someone for a suspended license if they are not the actual driver of the car" is moot...that's not what happened.

It sounds like someone in the court clerk's office screwed up during data entry and typed the wrong code into the computer. The judge needs time to research that this is, in fact, what happened and you weren't simply BSing him in court. Did you bring your original citation into court and show him what the cop actually cited you for?

As to the other question in your OP, no, you're not going to get the court to reimburse you for taking time off work.