can a cop give me a ticket for this?please read!!

[gtboiii11]

well i need some quick responses on this one guys because i am expecting the cop to come back to my house tommorow. I had a sheriff stop by my house today and leave a not saying to clal dispatch and contact him. I know this is because the other day was i was driving my new grand prix gt i passed someone in town in a no passing zone then mad e a quick stop for the stop sign. Now i know this was stupid and i will admit that but now i need some advice to what the cop can do. Apparently a civilian caught me doing this and took dont my plate number which is unfortunately very easy to read. They called a sheriff friend of theres and reported the incident which i was told by a friend of mine. I believe that is why he left a note on my door. Now can the cop write me a ticket over something a civilian who is not a cop saw? This occurred i believe about a week ago and he is just getting around to dealing with it now. So when he shows up at my house does anyone have any idea of what i can say to get out of it, i recently moved out and the insurance is still in my moms name and she was a retired sheriff in a different county. Now i really need some ideas and need to know for a fact if he can issue the tickets on something a regular person saw, not himself. Thanks for the responses in advance, i really appreciate them.

[Franks 04 GTP]

Well, If the fuzz shows up ask them where is your proof it was me? Don't even say ya it was me and i was there but I didn't do it. Or if you do say you were there say it wasn't me driving. Seems to me that you would have already had a ticket if they could will all be on how and what you say to him... If he shows up all he can get you on is what you tell them! good luck

[jessep28]

Every jurisdiction is different.

I mean there isn't a whole lot the police can prove. That's that point I would try to focus on.

I mean if they try to slap you with a citation, take it to court. Then the cop has to get up there and prove that he/she saw you do the illegal activities.

You as a United States citizen have the RIGHT to have your accusers confront you.

The fact that a mere citizen calls a cop buddy for something that cop didn't see and the police officer is now ticketing you for something that he/she can't prove is a bunch of BS and if you take it to court, I'm sure you can get out of it and hte judge will yell at them.

Good luck.

[phaelax]

Sounds like BS to me. If he tries to give you a ticket, don't sign it. I really don't think there's anything the cop can do in this case, nor does he really feel like trying if its been a week.

[BNaylor]

You have a constitutional right against self-incrimination. So take the 5th. Like the others said let them prove it. And if all else fails consult an attorney. Good luck!



Thrasher CAI, DHP v1.0 PCM, SLP Headers,
3.25 SC pulley, CAIT GMAF, 2.5 DP/Hi-Flow CAT,
u-bend delete, 160 TS, ZZP Stage 1 72mm TB,
TB spacer, MSD 8.5mm wires, Autolite 103,
Goodyear Gatorback Serp. & SC Belt,
Nitto NT555R Drag Radials
1/4 ET: 13.210 sec. @ 104.490 mph
0 - 60 ft: 1.945 sec.

[JonJon68]

You cannot get a ticket unless you were observed by the officer of what your are accused of doing. Just ask for the proof.

[BNaylor]

A lot of jurisdictions and states have a loophole in the law when going after drivers in which no officer was physically present to witness the act.

For example in Texas, a private citizen can report you for driving recklessly on a public throughfare or even certain private property owned by a business. There is now a penal code offense for "Reckless Driving". These laws came out as a result of "road rage" incidents and street racing, etc. Its a Class B misdemeanor not a ticket type offense. Which means a person can be arrested after the fact and there's a fine of up to $200 and/or up to 30 days in jail.

All the State has to prove is:

You drove your vehicle in wilful or wanton disregard for the safety of persons or property.

I heard New York has some real liberal and draconian laws so I'd exercise caution on this one.

http://assembly.state.ny.us/leg/?cl=128&a=57



Thrasher CAI, DHP v1.0 PCM, SLP Headers,
3.25 SC pulley, CAIT GMAF, 2.5 DP/Hi-Flow CAT,
u-bend delete, 160 TS, ZZP Stage 1 72mm TB,
TB spacer, MSD 8.5mm wires, Autolite 103,
Goodyear Gatorback Serp. & SC Belt,
Nitto NT555R Drag Radials
1/4 ET: 13.210 sec. @ 104.490 mph
0 - 60 ft: 1.945 sec.

[Langning]

Originally Posted by JonJon68

You cannot get a ticket unless you were observed by the officer of what your are accused of doing. Just ask for the proof.

In my state of Massachusetts, only an "uniformed" officer can issue a traffic ticket (in person and at the scene)... My wife's car was caught running a red-light or making an illegal turn in Boston. As the car's owner, she received a citation by mail and my wife appealed it to a judge or migistrate... As soon as he heard that the ticket was "mailed" before my wife even began to argue that she wasn't driving in Boston that day (her sister might have driven it), he dismissed the ticket. The whole hearing lasted less than 30 seconds

Don't admit or volunteer any information to the sheriff and just ask the sheriff on what he has against you. He may still issue you a ticket. Without you admitting, you can have it dismissed easily...

[gtboiii11]

so basically your saying if i dont admit to doing anything that i should be fine? It is 248 new york time right now and the cop starts at 5am today and sitll has not called or come back to my house, im starting to think he may have just forgot about it.

[richtazz]

Since the "witness" has a car description and licence number, I believe you are SOL. Unless you have a concrete alibi of your wherabouts and the car's, you may be liable. As the owner of said vehicle, unless you want to report it stolen, or give up a friend as the driver at that time, you are responsible for any negligence committed by the driver you allow to operate your vehicle. The best thing I can suggest is what they said earlier, plead the 5th, unless they have photographic proof, always DENY DENY DENY!!!

[jessep28]

Basiclly don't admit or deny anything.

Sign the ticket. At least here in NE signing a ticket is you saying you received the citation. SIGNING IS NOT, I REPEAT NOT AN INDICATION OF GUILT!

Then take it to court and make the state prove what they have against you. They have to prove you did it beyond a reasonable doubt, not mere preponderance of the evidence.

They may have been trying to scare you. I mean the cop buddy of this guy can easily trace a plate and address/phone number.

[gtboiii11]

the witness signed a statement under penalty of purgery meaning now the cop can give me a ticket. He called me to tell me that today and says if i didnt do it ide have to sign a statement saying that, which im not going to sign because who knows if they guy had other people in his car at the time. Read my new post it explains it all, i think i am screwed

[Langning]

Originally Posted by gtboiii11

the witness signed a statement under penalty of purgery meaning now the cop can give me a ticket. He called me to tell me that today and says if i didnt do it ide have to sign a statement saying that, which im not going to sign because who knows if they guy had other people in his car at the time. Read my new post it explains it all, i think i am screwed

You are NOT screwed. You don't want to prejury youself either. If the cop give you a "warning", no big deal. But if he gives you a ticket with fine and points on your insurance policy, appeal it to a court. By the time the court can schedule you a hearing date and lets say 3 months later, told the migistrate plainly you aren't sure you or your car was at the scene on that date or your family/buddies may have driven your car.

At the hearing, if the migistrate doesn't dismiss the ticket. Tell him that you want to appeal it "again" to a judge. This is the one that you will face your "accuser", if the guy doesn't show up, you win by default. If he does show up, ask if he is sure that you was behind the wheel... Change your hair style/color a little... Or consult with a lawyer or legal guy prior to this court appearance...

I doubt any court will uphold the ticket merely some private citizen signed a statement. BTW, what is the $$$ penalty of passing on no-passing zone in your county/state?

[gtboiii11]

im not sure on the penalty yet, i have to go to the station in 2 days to see what ticket he actually issues me, there are multiple different choices he has i guess.