Can a cop issue a ticket based on a eye witness account but did not witness the event himself and what are the chances of defending?
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Anonymous
ANSWERS: 3
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If you admit to a traffic violation, the officer can issue a ticket. If you hadn't admitted to a violation, and the officer gave you a ticket on the basis of someone else's account, you've got a reasonable chance of defending yourself in court. Talk to a lawyer just to be sure. Lawyers aren't cheap, but they should know their way around a courtroom. They will be able to cut through the BS that the cop will try to foist on the judge to make the ticket stick. Worth every penny in the long run, especially since most lawyers will provide a free initial consultation.
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I'm not sure about state to state basis, but in my state, NO! An officer must witness the offense.
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Only if the eye witness either a. signed the citation and appears in court to prosecute or b. the eye wintess appears in court as a witness and the officers signs the citation. Either is acceptable.
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