QUESTION
Who can tell a cop to write a ticket if the cop didn't see the violation?
Asked on Mar 15th, 2013 on Criminal Law - California
More details to this question:
I was traveling on the highway and I got a ticket for traveling too "close" to another vehicle. The cop told me he didn't see the violation.
5 ANSWERS
Michael J. Breczinski
Fight the matter. They will need to bring in a witness to prove it.
Answered on Mar 18th, 2013 at 8:51 PM
The cop doesn't need to see it, as there is a witness statement.
Answered on Mar 17th, 2013 at 8:03 PM
The officer may have been relying on a statement from another driver. You have the right to see the evidence that the governmental entity has against you. The officer will not be able to testify at a trial since he didn't witness the violation. He cannot testify to what he was told because that is hearsay testimony and not allowed. Appear at your arraignment, plead not guilty and request discovery (the information the prosecutor has related to your case). I would expect that the prosecutor will have a signed written statement from a witness.
Answered on Mar 17th, 2013 at 6:15 PM
1 Award
I would fight it in court then. Unless the prosecutor can track down whoever called in the alleged violation, you've got an excellent chance of winning. Beware, though, cops have a hard time remembering every ticket they write, and the chances of him saying on the stand that he did not see the violation are slim.
Answered on Mar 15th, 2013 at 4:25 PM
Michael Paul Vollandt
Anyone can do it; but the Cop needs to see the violation on an infraction. Plead not guilty and set the case for a court trial. If the Cop does not show up you should win. If the Cop does show he can not prove the ticket without the person that saw the violation.
Answered on Mar 15th, 2013 at 3:05 PM