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Is what I did Illegal? (self.legaladvice)

Hazmatickk が 投稿

So to start off I'm 17. I month or two ago I was giving my drunk friends who are over 21 a ride home from a friends house we were chilling at, and on the way home I was pulled over, and recieved a ticket for driving without a valid license since it's not valid after 12:30. But tonight I ordered a pizza from the Casey's gas station 2 blocks from my house, when I rolled up to pick it up, I saw a cop parked there which at first didn't seem to worry me since I'm doing nothing wrong. When I walk in I see it's the exact cop who got me the previous month. He recognized me pretty much instanly and asked me for my name and ID. I declined since I said I hadn't had my license since I left it at home so I gave him my name. Mid sentence he took a call on his radio, and started off in a full sprint to his car, turned his lights on, and sped off. I was extremely confused but I took this as my chance to leave, since he wasn't holding me so I believe I was free to leave. So about 15 minutes later I'm at home eating my pizza and I hear a knock on my door, and sure enough, it's him. I did not answer at all but he saw my car there that he saw me in 20 minutes previous so I know he knew I was there. He left eventually and I've gone on with my night since. I was just wondering if I did anything illegal or if I should be worried at all? Like I said he didn't hold me, didn't pull me over or any of that, he just asked my name and told me he recognized me. Any help would be great, thanks.

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[–]johndeaux588 20ポイント21ポイント  (4子コメント)

Police redditor here with 24 years on the job:

You did not mention your state, but I am assuming that the state has a graduated license (you can only drive with another licensed driver, you can not use cell phones, must be during certain hours, etc). If the officer had a previous contact with you and knows that you have restrictions then sees you driving he could reasonably ask for your D/L. Not having it on you is a ticketable offense in nearly every state. When the officer got his code-2 call and tore off then he terminated the contact and you were free to leave.

Hats off to you for not answering your door, but depending on the size of your town or if you live in this guy's permanent beat then he will probably memorize your car and face so expect to be stopped again by him. In regards to people saying that you will get mailed a ticket I would not worry too much. The reason you sign a ticket is for proof of service, which is necessary for court proceedings. It is like when a process servers comes to your house or work and hands you a subpoena, they have to attest that you were properly served. It might amaze you, but the US Postal Service can not attest under oath that a letter or parcel made its way directly into your hands.

[–]P-01S 1ポイント2ポイント  (3子コメント)

Regarding that least bit, is that a reasonable doubt sort of thing? What if they have your signature on file for receipt of certified mail?

[–]johndeaux588 1ポイント2ポイント  (2子コメント)

By in large, I do not think most criminal courts would accept a certified letter as valid service. As a supervisor, I would not allow anything short of the defendant's signature to count as proof of service.

[–]P-01S 1ポイント2ポイント  (1子コメント)

So basically, unless the addressee was required to sign in person (at the post office?) to receive the letter, there is not sufficient proof that they received the letter?

[–]johndeaux588 1ポイント2ポイント  (0子コメント)

There several standards of proof. If an attorney sends you a sabre rattling letter, then your signature at the post office would be acceptable to show you received a letter. However, the standard for a court proceeding that could result in an attachment/bench warrant being issued if you fail to appear would actually require personal service by an officer of the court (e.g. police officer, process server, etc).

The issue of service is one of the reasons that the red light camera enforcement systems (the "Talivans") are changed into "civil infractions" because the driver does not received service from the officer at the time of infraction and the USPS is not reliable enough.

[–]Napalmenator 43ポイント44ポイント  (13子コメント)

Driving without your license on you is illegal and you could have gotten a ticket.

[–]22lrHoarder 7ポイント8ポイント  (0子コメント)

Depends on the State. In NH you need to present it within 24 hours if asked.

[–]jasperval 17ポイント18ポイント  (0子コメント)

If he has probable cause to believe you were driving without your liscence he can give you the ticket later; either personally or through the mail. You did nothing illegal by either leaving or not answering the door, but it doesn't mean the police officer just has to forget about it and you "got away" clean.

[–]missjulia928 10ポイント11ポイント  (4子コメント)

You weren't being detained, so leaving was fine. The worse that'll happen is they'll mail you a ticket and you'll have to pay it under the premise he had probable cause that you were driving without a license.

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Original Post:

Is what I did Illegal?

So to start off I'm 17. I month or two ago I was giving my drunk friends who are over 21 a ride home from a friends house we were chilling at, and on the way home I was pulled over, and recieved a ticket for driving without a valid license since it's not valid after 12:30. But tonight I ordered a pizza from the Casey's gas station 2 blocks from my house, when I rolled up to pick it up, I saw a cop parked there which at first didn't seem to worry me since I'm doing nothing wrong. When I walk in I see it's the exact cop who got me the previous month. He recognized me pretty much instanly and asked me for my name and ID. I declined since I said I hadn't had my license since I left it at home so I gave him my name. Mid sentence he took a call on his radio, and started off in a full sprint to his car, turned his lights on, and sped off. I was extremely confused but I took this as my chance to leave, since he wasn't holding me so I believe I was free to leave. So about 15 minutes later I'm at home eating my pizza and I hear a knock on my door, and sure enough, it's him. I did not answer at all but he saw my car there that he saw me in 20 minutes previous so I know he knew I was there. He left eventually and I've gone on with my night since. I was just wondering if I did anything illegal or if I should be worried at all? Like I said he didn't hold me, didn't pull me over or any of that, he just asked my name and told me he recognized me. Any help would be great, thanks.

[–]P-01S 2ポイント3ポイント  (0子コメント)

I think the only thing you can do at this point is stop driving without a license, which includes driving outside of the hours permitted by your license. If you get a ticket in the mail, worry about it then.

Also, just as advice: You are a new driver, so don't agree to act as a designated driver! You really don't need the distraction of a car full of drunk friends. The laws against driving at night and driving with multiple passengers (if applicable in your state) are for your safety. You are also responsible for the safety of your passengers. If your buddies need a sober driver, they should find someone on a full license, even if it means calling their parents.

Props for not answering the door. Although kind of a dick move, it was most certainly legal for you to do, and probably saved you some trouble. Maybe the officer just wanted to give you a talking to... We don't know. Either way, he knows where you live and what car you drive, so expect him to be looking for you in the future.

[–]SCCLBR 1ポイント2ポイント  (0子コメント)

You were certainly fine to leave the scene and to refuse to answer the door.

[–]CactusPete 0ポイント1ポイント  (0子コメント)

OK, first - pizza from a gas station?

Next, it isn't clear if the pizza pick up was after 12:30. If it wasn't, then I'm not so sure the cop had grounds to inquire. And was he sure you drove there? As in did he see you drive up, or might you have walked or been riding with someone else, who stayed with the car or ran an errand next door? If the only thing he knows for sure is that you didn't have your license on you while picking up a pizza on foot, that's not illegal in any state, yet. I hope.

[–]Anonymoose15 1ポイント2ポイント  (0子コメント)

The only illegal thing you did was drive late. You did not have to answer the door or talk to the officer the second time he came around. He could still send you a ticket, but no you didn't have to answer the door. Unless he is a jerk he won't bother you about it again because he has better things to do. But if it's illegal to drive after midnight don't do it. I question why people over 21 want to utilize a 17 year old as a DD

[–]rawbery79 -1ポイント0ポイント  (1子コメント)

Hi, Iowan.

[–]josolsen 1ポイント2ポイント  (0子コメント)

Casey's General Store best pizza.

[–]MojoCP -3ポイント-2ポイント  (1子コメント)

You could always contend that your license was in your car, assuming he talked to you inside. But don't lie, just make the argument. If you are asked directly about it, say you take the 5th.