Something is very odd about this situation. For whatever reason, the officer seems to have it out for youmaybe you've had problems with him in the past? It's just not normal for an officer to pursue someone three weeks later for a Class C traffic violation. Unless the department's overstaffed and they're really, realy bored, your average officer just does not have time to do that kind of thing. The only possibilities that really make any sense on this to me are these: 1) he saw someone driving your car, ran the plates, found that you came back as the driver and that your license was under suspension, but for some reason he didn't pull the vehicle over then (which is I guess what he's claiming, but that really would be very strange behavior on his partnormally they'd just shrug and go onto the next case), or 2) for some reason (narcotics investigation, typically), he's targeting you, specifically, knows exactly who you are, and thinks he saw you driving that day, though that doesn't make much sense eitherif he cared that much, why didn't he pull you over and arrest you then, so he could potentially "inventory search" your car, and check it for drugs or whatever? Anyway, the whole thing's definitely weird, and I really do think you should have an attorney look into it for you and represent you in court, because this one's worth having a trial over. Another major issue here, in addition to the false ID thing, is that I don't think it's valid for him to issue you a citation on that three weeks later without filing an affidavit swearing to the facts of what happened that day, and presenting it to a judge, and requesting that the judge review the affidavit, and issue a warrant if the case sounds legitimate. If this were anything other than a Class C, a warrantless arrest three weeks later definitely wouldn't be okay. I'm not positive on Class Cs (because that just never happens), but I sure don't remember any special exception for them, so the warrantless arrest issue's worth looking into (a citation is technically considered an arrest, even though you didn't actually go to jail). The officer may have screwed this up in more than one way. In any case, do not just pay the fine, because if you're convicted, I believe it lengthens the suspension and also, the next time you get stopped with a suspended license, the offense becomes a jailable offense.

Answer Applies to: Texas
Replied: 10/25/2011

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Hire a good attorney and let the attorney put the cop in his place. Sounds like a very defendable case.

Answer Applies to: Texas
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.