please help me out about this (help only)!!

[gtboiii11]

well the cop called back today unfortunately because the civilian whos witnessed me passing him on the shoulder wrote dont my plate and filed a statement under penalty of purgery. So this means unless i sign a statement under penalty than the cop will issue me the ticket. This is such fuckin bull shit!! the fuckin civilan is pretty much writing me the ticket which is so messed up. The cop did not witness it but since the civilian made the statement under penalty of purgery it is good enough to write the ticket. Does anyone have any idea at all of what i can do, my uncle is the captain in the troopers but unfotunately this is with the sheriffs department so this is out of his hands and he told me not to sign the statement. Any have any bright ideas of what i can do or say other than consulting a lawyer? Ill give the person who come sup wiht the idea who gets me out 20 bucks as an incentive! thanks for reading

[regalfriend]

Im not sure how to help, but would like to add....if in this day and age the police can convict you on a traffic violatiopn by word of mouth of a civilian , then were in trouble....every day i see at least 50 or more violations, as a civilian....many cases i see road rage....i wont get involved unless im directly affected, as if they hit me....sounds like bs to me...i do know if this person signed a form, under penalty of purgery, and is proved wrong then they are liable for a lawsuit from you...good luck!...Let us know the results...

[gtboiii11]

yes i know we are really in trouble now!

[regalfriend]

Like stated earlier you dont need to admit anything to anyone at this point....The police are usually pretty good at getting a statement from you , without you even knowing your admitting guilt...my suggestion...dont communicate with any person who calls or comes to your house about this....if by chance you do run in to them, totally ignore them...they are waiting for you to admit something so they can give you a summons...even if you admit you were there at that time they can summons you...a good answer would be.."im sorry, you must be mistaken"...dont sign ANYTHING they give to you....especially a statement that denies the allegations...if at any point you get a summons for the offense then you need to answer it...i also live in NYS and I do know you can be convicted for DWI if a civilian see's you driving drunk, and the cops dont...they make the civilian sign an affidavit under penalty...P.S i got a ticket in NYC by one of the Camera's and before i paid it i found out that it did not apply to my license or my insurance...only the fine had to be paid......Like others said..Plead the 5th, dont say anything to anyone...i woulnt even mention anything on this forum either...you never know who will veiw your posts...good luck!

[Franks 04 GTP]

ALL you have to do is say "sir I have to respectfully plead the 5th amendment, as advised by my attorney, thank you"

[jessep28]

I think I have to draw the line and say that we are not all lawyers here. We all have our interpretations of the law from either a ticket, law classes in business college, criminal jusitce clases etc etc...

I mean most states practice English Common Law. Southwest practices Spanish law and Louisianna practices French style of law. That's the beauty and nightmare of our legal system. States can be independent, but that leaves room for many types of law.

If you get a ticket in this type of situation and want to defend it, I woudl hire an attorney. Most public defenders want to plead out of the deal since they are overloaded. It would be hard to have you defend it since you have probably never defended a criminal citation before. However, I have no idea about the quality of your public defenders in your area.

That statement that he made under the penalty of purjury is called an affiadavid (sp?). They are normal and just a sworn statement stating the facts in the case. Just don't say or do anyhting until the state takes action against you and issues a citation. Then you make the call of whether you want to plead guilty, innocent or no contest.