QUESTION
Can my contradictory police citation be dismissed?
Asked on Mar 19th, 2014 on Personal Injury - Florida
More details to this question:
On my citation for failure to control speed, "auto accident", the diagram shows Unit 2 (me) hitting Unit 1 (other lady). His summary of what happened saying that Unit 1 (the lady) was following too closely and failed to control speed and hit Unit 2 (me). Can my ticket be dismissed due to the diagram and summary being contradictory to each other?
7 ANSWERS
Ronald A. Steinberg
Get a lawyer and fight the ticket.
Answered on Mar 25th, 2014 at 5:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, what actually happened will normally prevail.
Answered on Mar 21st, 2014 at 12:40 PM
Thomas Edward Gates
The prosecutor can get the police officer to testify, thus correcting the error.
Answered on Mar 21st, 2014 at 12:40 PM
Edwin K. Niles
You'll have to go to trial, I suspect, and then it's up to the judge.
Answered on Mar 21st, 2014 at 12:40 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably not. the question is, did you violate the Motor vehicle law, not whether the police recorded it correctly.
Answered on Mar 21st, 2014 at 12:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That is certainly a possibility; if you plead not guilty and the police officer who issued you the summons doesn't show up at the hearing, most judges will dismiss the ticket. They might subpoena the person with whom you were involved in the accident, and if he or she shows up, then depending upon what they testify to, you might still get found guilty. If the judge is leaning towards finding you guilty, ask the judge to withhold adjudication so it won't go on your record and you won't get points if the judge does that.
Answered on Mar 21st, 2014 at 12:40 PM
No. At a hearing/trial of the ticket, the police officer would have to testify and he will be given the opportunity to testify what happened. The citation can not be admitted into evidence. You can certainly question the officer about the contradiction but the judge probably will not accept your argument that the officer does not know what happened but rather conclude his made a mistake as to saying which car was which. The officer will state that the car at fault rear-ended the car in front of it.
Answered on Mar 21st, 2014 at 12:40 PM