Driving with learners permit but no licensed driver

**driver2be** · 02-07-2006, 10:35 AM

Just got pulled over the other day for not having running tail lights at night time, right in my own driveway as soon as I pulled in and parked.
He let me off with the taillight ticket and just gave me citation to court for driving without a licensed driver since I only have my Learners Permit, Im 18 and my question is what will happen to me? I'm thinking they'll suspend my license but for how long since I'm 18 and an adult?

Don't think getting my driver license before going too court will help since I have a divers test scheduled in 2 days from when I got pulled over last night. So close and right in my own damn driveway, I showed proof of insurance is there any way to beat this from getting my licensed suspended ??

**Mr. Knowitall** · 02-08-2006, 04:33 AM

The effect will vary by jurisdiction. You would likely benefit from trying to beat the charge, or trying to negotiate a deal where the "driving without a licensed driver" charge is dismissed.

**driver2be** · 02-08-2006, 06:03 PM

And how would I go about fighting a ticket like this, to get it dropped ?

**Mr. K** · 02-08-2006, 08:46 PM

When did the cop have his lights on? before or after you pulled into your driveway?

**driver2be** · 02-09-2006, 10:03 AM

He stayed parked on the street, when I was already parked and in the driveway. He didn't turn on his lights for about 10 minutes after he finished writing the ticket. He just pointed his spotlight at my car when I pulled in and parked into my driveway and turned the car off. Does this mean anything ?

**Mr. K** · 02-11-2006, 01:21 AM

Once a cop tells you to stop or initiates his lights on his police vehicle then you are being put under notice. until such as that time. if you are on your property befopre the lights go on. there is nothing that he can do about it without a warrant, and permmission if he does not have one. I would recomend that you inform your attorney of this as it will play a good role in getting your case dismissed. Once a vehicle is parked and the occupants are out of it, the cop really cant go after them for a traffic infraction legally unless it was on public property and you are still on public property or you are on private property and he hits his lights before you enter your property from public lands.

**aaron** · 02-11-2006, 03:27 AM

An officer doesn't have to turn on his lights at all to be able to issue a ticket, nor does the fact that a car is parked on private property or the fact that the driver is no longer in the car prevent the issuance of a ticket. States which use photo radar even send tickets by mail.

**Mr. K** · 02-13-2006, 01:20 AM

Well i suppose this is going to be another post that gets locked because of my posting. but here it is just for you aaron..

So let me get this right, you are telling me that what a superior court judge has told me is wrong? I happneed to be at a friends house when he pulled in and parked and was getting out of his car, when an officer followed him in and turned on his lights..

The officer wanted to ticket and arrest my friend, but his dad who is superior judge for a county away told the officer that he was not allowed to be on the property because he has no warrant, and that his lights were not on before the vehicle was stopped and entering on private property. The cop jsut got a look on his face, got into his car and left.

same principal of tribal owned land.. if you turn onto the tribal property before a cop flips his lights on, he can not follow you in and arrest you or give you a ticket. however they can if they have their lights on before you turn onto to tribal land. I used to work at a tribal owned casino. and i have had this happen to me once,. i turned in and the cop. .being a friend of mine, noticed that it was me. and he followed me in without turning on his lights, and we gases up our vehicles at the truck stop there on tribal land and even he told me that i didnt use my turn signal and that since i turned onto the tribes land before he could turn on his ligths, that there was nothing that he could do about it. Turns out that i had a signal light out on my left side.. but anyways,.. the fact of the matter was if what i posted above is wrong then why would a superior judge and an officer tell me that.

**aaron** · 02-13-2006, 02:33 AM

I know this much : You tend to make stuff up, or have completely incorrect notions of law, and argue bitterly even when repeatedly instructed that you are wrong and presented with case law or statutory law demonstrating your errors. As I have previously indicated, being contrary is okay but if you wish to be credible you need to support your claims with a citation to legal authority. Start right now - spare us the cute little stories about the kid with a judge for a father, and present the actual legal authority for your position.

What it sounds like you're describing with your friend and his father is a circumstance where the suspect had entered the father's house before being intercepted by the officer. Which is a lot different from just getting out of a car. Otherwise, it sounds like power-tripping and an officer who chose not to get into a confrontation with a local judge.

Pursuing a suspect onto an Indian reservation is generally going to be the same as pursuing a suspect into a different jurisdiction than where the officer is normally authorized to act. There are circumstances in which it is possible, e.g., hot pursuit. But private property within the officer's jurisdiction does not present the same jurisdictional issues. (And successful evasion by entry upon an Indian reservation before the officer activated his lights would still not prevent the police from issuing a traffic ticket and delivering it by other means.)

If you wish to argue with me, complain about the moderation of this forum, or pick fights, this simply isn't the forum for you.

**Mr. K** · 02-13-2006, 04:32 AM

Aaron. it is along the lines of being free from the system. I dont know how long you have been studying law, but i can open your eyes to many things that may or may not scare you. things that the supress during law school and things that most people find it difficult to believe. You may rebut them or not if you should chose. But if you would like i can post them. backed by court decisions and law. Would this be something you would be interested in?