my friend was camping off road by lake mead in nevada.?
by admin on Monday, March 8th, 2010 | 2 Comments
he was with a friend looking for rocks and a officer from the BLM stopped to check him out .he was issued a ticket for driving without a drivers license . the keys were in his pocket . i thought that a cop had to see a traffic violation happen in his presence . he had no way to know if my friend had driven the car. am i wrong?
no keys were in the car he was not in it.if he fought the the ticket wouldnt it have to be proven beyond a reasonable he drove the car?
Yes you are. A person can even get a DUI if he’s got the keys to the car and he’s sleeping inside the car in the back seat! What it boils down to is: He had CONTROL over the car, and that is what the law dictates and the officer needs nothing more. Your friend loses.
There was probably more to it than just having the keys in his pocket. If your friend told the officer that he had driven the car, or if your friend’s friend happened to mention something, or if neither your friend or your friend’s friend had a driver’s license, then the officer may have had probable cause to issue the ticket.
On the other hand, if you friend decides to fight the ticket, the government will have to prove beyond a reasonable doubt that your friend drove the vehicle.
Good luck!