Question Details:Does state have to prove I was operating the vehicle?I do have a suspended license and was taken to jail (this is first offense). I want to fight it and see if A) the officer doesn't show up so that it might be dismissed or B) can I request that the state prove I was operating the vehicle and maybe the office won't show up and I may get lucky and get it dismissed. Should I get an attorney for this case. ? I'm in Tulsa, OK.
If you plead not guilty to driving with a suspended license, the state does not to prove its case; i.e. that you were in fact operating the vehicle while not possessing a valid license. This usual involves or requires the officer to come into court. However, (1) almost always, they do; and (2) if the officer can't make it on a given day, the court may reschedule. *Very* few cases are thrown out because the officer does not show, urban legends about the utility of this tactic notwithstanding. If you are interested in fighting, or at least reducing, the chage, you should retain a lawyer with traffic stop and moving violation experience; he or she will advise you as to the best course of action, which may be to bargain and plead to a lesser category of offense, and/or seek to take some sort of driving course or other action in exchange for a lesser charge.