Legal Question in Traffic Law in Texas

Can I get a ticket for invalid license if the cop (state trooper) didn't see me driving? I was in an accident, with only my vehicle, in which I managed to safely exit the highway and wait for a tow truck. When the cop arrived (3hours after the accident, directly before the tow truck arrived) the keys were not in the ignition nor was the car on. I told the cop I was driving (which was obvious because I was the only person) but he did not actually witness me in the vehicle with the vehicle on. Also I was not aware that my license was invalid.


Asked on 12/25/12, 6:08 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes, you can get a ticket for driving while license invalid even if the officer did not see you drive.

You admitted to the officer that you were driving. All the officer needs is probable cause to arrest you. There does not have to be enough evidence to convict you to arrest you. Whether you knew your license was invalid is not necessary. Knowledge that the license was invalid can be inferred. Also it may not be necessary if this is a strict liability offense.

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Answered on 12/26/12, 11:28 pm


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