Legal Question in Traffic Law in Kansas

Hello

My question is that if you receive a ticket for driving on an expired license in the mail and the officer says that you drove past them blocks from where you did, and than come to you home and writes the vin down on the ticket of truck is that legal?


Asked on 8/24/10, 1:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

This sounds like aproff problem for the prosecution. If you take the case to trial, the officer will have to testify and convince the judge that he observed you driving. If he did not stop you, and did not see you get into or out of the vehicle, this will be a tough burden for the prosecution to meet. If you deny that you wre driving, then you should contact an attorney to view the ticket and any evidence the prosecution has, and advise you as to your options. There is nothing inherently wrong with an officer looking through the window of a vehicle to record the VIN number. But, a VIN number does not prove that you were operating the vehicle.

Good luck

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Answered on 8/30/10, 7:56 am


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