Can a cop pull you over if you have a revoked driver's license?

Asked by ninjai_ruken about 1 year ago, 7 answers.

Can a cop pull you over just because he knows you have a revoked DL? A buddy of mine is a single parent with no family. Raising his two year old daughter on his own. When he was younger he got is DL revoked due to points and in the state of Mt its a...

three year revocation. (Funny in Montana vehicular man slaughter is only revocation for one year.) any ways he was on his way home from the grocery store when the cop pulled him over. The cops words were "I pulled you over because I know you don't have a DL." And I have heard the cops run his name over the scanner with out even making a traffic stop. Is this legal? He is a good guy, was just dumb when he was younger.

Answered by filletofspam on Sep 28, 2007, 11:55AM
| 2354 answers.
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Of course they can. Driving is a priviledge not a right. Driving wihout a license is a crime and it is the job of police to enforce crimes so pulling over an unlilcenced driver is justified.

Answered by ninjai_ruken on Sep 28, 2007, 01:32PM

So that being said, if a cop pulls me over and says to me. "I pulled you over because I know you don't have a DL" and I do. Then I can sue for harassment because I did nothing wrong? On a side note. I feel this law is flawed, he should be able to at least get a permit allowing him to go buy grocery's, take his daughter to the doctor Ect. Ect.. I know driving is a privilege, and he learned his lesson the hard way. But why should his daughter have to suffer? And how is it legal for a cop to run someones driving record with out making a traffic stop? That means a cop can at anytime he wants check up on you. It all just don't feel right under the circumstances to me.

Answered by goran on Sep 28, 2007, 01:44PM
| 136 answers.

Nope. The police can run your plates at any time to see if there are any outstanding warrants. It's his job to look for and find people that are breaking the law. If you have a license and the officer says you don't the ticket clearly states that you have a specific amount of time to go to the police station to correct it. Feel free to file your lawsuit if you want to, but you won't win.

As for your friend, there is public transportation, taxi's, friends, family, or several other options available to assist him getting around. As a parent, he needs to set a good example for his daughter, and breaking the law isn't the way to do it.

Answered by ninjai_ruken on Sep 28, 2007, 01:51PM

So while you are sitting at home a police officer can run your name with no probable cause? He's not filling a law suit, There is no public transportation in the town we live in. And he has no family No mother, no father, no cousins nothing All are dead or MIA. The child's mother ran out on them and its just him and his daughter. As far as friends, we work in the oil field and are gone for weeks at a time. I know what he did was wrong, I'm just tyring to paint a bigger picture.

Answered by filletofspam on Oct 01, 2007, 06:28PM
| 2354 answers.
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If you drive without a license you are already doing something wrong. Law enforcement doesn't need an additional reason to pull you over.

The only thing I've ever heard of that is like you describe is some seatbelt laws. In some places you can't be pulled over for merely not wearing a restraint; if you are pulled over for some other infraction and are observed not to be wearing seat belts they can ticket you for no restraint though.

The fact that not being able to drive is a hardship is not sufficient to allow you to drive without a license.

Answered by erasmus27 on May 25, 2008, 07:22AM
| 356 answers.

If you have a revoked, suspended, or expired license and the cop KNOWS that you do then you are breaking the law by driving in the first place and give up some of your rights because you ARE BREAKING THE LAW!!! So, it could be a lot of things but tack it up to probably cause and you will pay fines and drag it through court and p*ss off the judge and the district attorney. Just because he can't drive legally doesn't mean he can't function in life. Friends or family could help. TAKE THE BUS!!!

Answered by erasmus27 on May 25, 2008, 07:23AM
| 356 answers.

tell him to apply for a restricted license whic hwill allow him to go to up to three places. usually it's for work purposes but given his current situation and depending on the judge, they might issue him one.

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