My son received a ticket for driving with only a learners permit, but was initially pulled over for no other reason. Is this legal?
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Earlier in the evening my neighbors reported their house being paint balled. This happened before and the police came over to our house to ask questions a few weeks ago.(My kids dont have paintball guns) This time, they did not come over. But when my son went to the store around the corner, as soon as he pulled out of our street an officer pulled in and turned around to follow him and then pulled him over. Was this legal? I know my son is guilty of driving without a license and is grounded royally, but it still concerns me that he got pulled over for no reason.
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Answer:
You must understand...most police officers are not clairvoyant....but they are not stupid either. If your precious son appeared to be too young to be driving they have every right to make a stop..further..in my state allowing an unlicensed minor to drive is a misdemeanor..that means you!
upstatenewyorker at Answerbag.com Visit the source
Other answers
your kid sounds like a real punk!!! i hope they throw the book at him and suspend his liscense. plus just because you didn't buy him one does not mean he doesn't have a paintball gun. you sound like one of those parents who thinks their child is a perfect little angle and never does anything wrong, meanwhile he is out terrorizing the neighborhood.
Capital J
"Probable cause" applies to driving privileges a little differently than it applies to everyday life. Driving is licensed by the state. It is treated as a privilege, not a right. By driving, you are assumed to be giving tacit consent to be checked by law enforcement agencies for things like sobriety, insurance coverage, eyesight impairment, and other vital public-safety aspects. All the officer needed was suspicion or knowledge that the driver was under-age to make the stop. Unfortunately, it may be the case that the cops are not satisfied you son was not involved in earlier unrelated incidents. It is characteristic of cops, especially in smaller communities, to have more time than serious criminals on their hands. Under such circumstances they may keep a "watch" on certain people they have a case on, just waiting for them to make one bad move. If that is so, there is not much your son can do except keep himself in-bounds of the law at all times.
More2Be
How can you possibly object to the cop pulling over your son, when your son was breaking the law? How ridiculous! Frankly, your son is lucky he didn't get arrested considering he was driving without a license.
Gliderman Chased Away By Moron2Be
They pulled him over for a reason alright. It sounds like you don't agree with their reasoning.
Anonymous
Yes, if one chooses to drive, they implying legal consent for police officers to stop them at any time for any reason. For example, my 60 year old mother was spontaneously pulled over for a license check.
misty.
Don't dwell on whether or not the pull-over was "legal". The fact that you indicate that you have inflicted disciplinary action upon your son for his illegal act is appropriate. Don't look for excuses, and don't teach your son to look for excuses, to violations of the law. In fact, be appreciative that the officer is looking out for our well-being and doing his duty to care for your community, including you and your son. And if the police officer is called upon to provide a "reason" for pulling your son over, he'll find a way of doing so, legitimate or not. Concentrate on your son and his future...obeying the law. That's the important thing.
ChuckExAnon
Maybe this time the neighbors gave the police a description of a car they saw leaving the area after the incident and you son's car matched. Just keep in mind that if it goes against you in court you have to pay court costs in addition to the fine.
J and B
I'm pretty sure the cop needs to have probable cause in order to pull someone over and it doesn't sound like they did in this case. I would definitely take this to court.
stacizzle1990
No it is not legal to drive without a licensed driver. Maybe the police officer knew your son only had a permit. Seems like it's the officers duty to pull him over. Should of just given him a warning though.
Franky
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