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Can a cop issue a ticket based purely off of a statement??

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Alienyouth

Guest
i live in Skamania Co. in Washington state. we just got a new cop in our small bopuck town and he has just told me that he will issue me a "wreckless driving" ticekt if he gets another complaint about me. but one of the complaints isnt physically possible. one of the complaints states that i was driving 45mph sliding side ways and screaching my tires down a street called shahala (the street i live on) but the street is onll about 80yrds long... and it has two sharp corners then a stop sign where it meets a three way at a 90 degree angle... so no matter if i start at my house or from the three way i cant get up to 45mph in my truck. i drive a 1993 nissan 1/4 ton pickup that has over 232,000 miles on it, and i havent changed the oil in over 70,000 heeh been lazy =P but anywho it only has a 2.4liter four cylinder engine in it, and doesnt have the power or the suspension to get sideways like they said it did. so my question to you is can he issue me a sitation based purely off of a complaint and a signed statement. and if he can does he have a case if a few of the complaints that were made about me couldnt have occured based on pure physics ?? thank you very much for your help

p.s. if anyone who answers could do so with a link or something to the law stating if he can or cant i would be extreamly greatful, because i would feel alot better readin the law myself rather than just what someone remembers or thinks is washington state law. thank you all very much once more.

-Tyrell
 


CdwJava

Senior Member
First, remember that a citation is only a promise to appear in court - it is NOT proof of anything. Having said that, ANYONE can file a complaint with the police. And that includes for vehicle code violations. If they complain, the officer takes a report, and (depending on WA law) may be able to issue you a citation to appear in court. It will ultimately be up to the state to prove the reckless driving charge, but this could be possible by using the witness or witnesses that MADE the complaint.

Remember, the police actually witness very few crimes. people are arrested and charged based upon statements of others all the time. The same can be true here.

So, if you get cited, and you did not do it, then go to court and make the state prove their case. if you did, then there's probably a witness, and you will probably get reamed in court. Unless the witness is not believable, of course.

Carl
 
A

Alienyouth

Guest
i know that ppl get convicted of crimes all the time when the police dont witness the crime, but this is a traffic infraction they have to base the punishment and the charge on speed. if he has no way to judge my speed except based on what some one said they saw from their living room... they have no radar gun and he saw nothing. thus he cant charge me based on how fast someone else thinks i was goin.
 

CdwJava

Senior Member
Alienyouth said:
i know that ppl get convicted of crimes all the time when the police dont witness the crime, but this is a traffic infraction they have to base the punishment and the charge on speed. if he has no way to judge my speed except based on what some one said they saw from their living room... they have no radar gun and he saw nothing. thus he cant charge me based on how fast someone else thinks i was goin.
Reckless driving does not necesarily need a measurement of speed - just a combination of actions. And the bulk of the argument will fall upon the complaining neighbor(s). The officer can make the report, but he can only provide what evidence he observed (skid marks, etc.) and statements he was given.

Carl
 

harbor14

Member
Alienyouth said:
i live in Skamania Co. in Washington state. we just got a new cop in our small bopuck town and he has just told me that he will issue me a "wreckless driving" ticekt if he gets another complaint about me. but one of the complaints isnt physically possible. one of the complaints states that i was driving 45mph sliding side ways and screaching my tires down a street called shahala (the street i live on) but the street is onll about 80yrds long... and it has two sharp corners then a stop sign where it meets a three way at a 90 degree angle... so no matter if i start at my house or from the three way i cant get up to 45mph in my truck. i drive a 1993 nissan 1/4 ton pickup that has over 232,000 miles on it, and i havent changed the oil in over 70,000 heeh been lazy =P but anywho it only has a 2.4liter four cylinder engine in it, and doesnt have the power or the suspension to get sideways like they said it did. so my question to you is can he issue me a sitation based purely off of a complaint and a signed statement. and if he can does he have a case if a few of the complaints that were made about me couldnt have occured based on pure physics ?? thank you very much for your help

p.s. if anyone who answers could do so with a link or something to the law stating if he can or cant i would be extreamly greatful, because i would feel alot better readin the law myself rather than just what someone remembers or thinks is washington state law. thank you all very much once more.

-Tyrell
In Washington state 99% of all our traffic violations are civil in nature. Meaning you will receive an infraction issued by the Officer who observes the violation - the violation must occur in his presence.

RCW46.61.500 is one of the criminal traffic violations, along with DUI, DWLS etc. As such it is a gross misd. Most misdemeanors have to happen in the officers presence to make a warrantless arrest. Reckless driving isnt one of them.

Under RCW10.31.100, the list of all misdemeanors for which a warrantless arrest may be made, you may be arrested for reckless driving and either taken to jail or issued a criminal citation (this is not the same as an infraction). The arrest may be based on a sworn statement from witnesses who observed the reckless driving.

So the short answer is yes the officer can arrest you and issue a citation based on witness statments.
 

harbor14

Member
Alienyouth said:
i know that ppl get convicted of crimes all the time when the police dont witness the crime, but this is a traffic infraction they have to base the punishment and the charge on speed. if he has no way to judge my speed except based on what some one said they saw from their living room... they have no radar gun and he saw nothing. thus he cant charge me based on how fast someone else thinks i was goin.
You are incorrect, this is not a traffic infraction. This is a criminal traffic charge under RCW46.61.500 which states, "any person who drives any vehicle in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving." Speed is not a requirment for charging or proving this violation.

Under RCW10.31.100, our arrest without warrant law, reckless driving does require the officer observe the violation. It is allowed to arrest for this violation based on witness testimony alone.

Sliding a vehicle sideways down a road, doing donuts in the parking lot, weaving in and out of traffic are all reasons (not just limited to) to charge someone with reckless driving.
 

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