Can a Cop give ticket(s) on hearsay?

[MUPrincess]

What is the name of your state (only U.S. law)?
Wisconsin

This morning on my drive to work I had an issue with a driver behind me. I pulled out onto a street (with more than enough room in front of this "enraged" driver) and she honked at me and got on my tail of my bumper quickly (remember, this is 6:50 in the morning and we're in front of houses and she's honking...). So anyway, I stop immediately to let her go around me, which she does not and is on the butt of my car. I start to go again and she now tries to go around me. She follows me all the way down the road. At the stop sign she's on my bumper again, finally she turns right and I turn left.

I get a call from the Sheriffs department a little while later. Asking if I can explain what happened. I tell him what happened and he says "you're story is significantly different from hers. I need you to come in and signed a written statement just like she did. I might need to issue tickets to both of you or just to you." He went through and told me that he could issue me a ticket for speeding, reckless driving, or something else. Then he preceded to tell me that if I wanted to "alter my story" he probably wouldn't go ahead with any charges and it would be a less headache for everyone. I told him I wasn't altering my story and I'd be in to sign a written statement explaining just what I told him. She also wrote in her written statement no one else was in the car and my fiancee (who's 5'10" and clearly seen in my tiny car) was with me. Clearly, this woman is mental.

Can an officer give me a ticket on hearsay? It's always been my understanding that they physically have to see it OR catch it on camera (which is not possible in the location we live).What is the name of your state (only U.S. law)?

 

[FlyingRon]

Tickets can be issued on the basis of complaints. It's not "hearsay" unless the sheriff attempts to testify to her statement in court. If you go to court, they will need to produce her as a witness. There's no requirement that the issuing officer actually observe the crime, but if you go to court, some evidence needs to be presented.

 

[MUPrincess]

Thanks Flyingron

So if he does issue tickets and I go to court, what would the chances be that I would win? This just doesn't seem "fair" that she was the major one with the problem and that I might get slapped with some fines (and a record, mine is absolutely clean-no tickets, no moving violations) as a result. So it would be my word (and my fiancee's I suppose, since he could be my witness, right?) against hers?

 

[Maestro64]

Remember cool heads wins,


If this women is all freaked out about how you drove and choose to tailgate you verse going around, most likely she will also flip out in court as well. Do not fall for this tactic keep a cool head and the judge will see it for what it is.

Also, if tickets are issue to you and her, make sure you have your hearing first since she might not bother showing up for yours and you ticket could be tossed. Second, make sure you show up for hers, the best way to get even.

 

[tranquility]

While there are some special rules for traffic "experts" and the like (usually regarding an accident), arrests for minor crimes generally require the arresting person to witness the crime.(Technically, all cops are one person and what one sees/knows, all do.) Since a citation is an arrest, I'd say the polce cannot issue a ticket in this instance. The other driver might make a citizen's arrest and the police cite and release you or the police, based on the evidence can send in the complaint to the DA or other authorized body who can order the arrest and serve the "ticket" by mail. The specific method used by the state varies and I have no idea of WI.

 

[MUPrincess]

Thanks Maestro64

Thank you for remind me to keep a cool head too. I'm getting fired up this morning, but I was very cool and nice to the officer who called me.

I feel my age has a lot to do with it (I'm just about in my mid-20's and I'm in college). I didn't see her, but I think she's older since she was driving a minivan. I just really hated how the cop insinuated that I was in the "wrong" because she called in. I didn't feel the need to call in, I believe in that beautiful thing called Karma. What comes around goes around. It's just hard for me not to be upset since I do not have one speeding ticket or moving violation on my record at ALL and now this might mess my record up...Could possibly cause increases to my insurance, etc. I feel he also took my fiancee's name and number because he didn't believe me that he was in the car with me (because she didn't write that in on her sworn written statement).

The officer is making me wait until Saturday to give my written statement and made sure that I knew I could "call him at anytime to change my verbal statement" before I gave my written one (insinuating that I was lying). He also made sure to fill me in on what happens if you lie to an officer of the law and falsify a police report (oh wait, you mean like that women already did?) and that he "wasn't afraid" to bring about criminal charges because of what this had "escalated" to. I know I'm the upset party here, but I just can't help but feel like he was border lining age discrimination.

 

[MUPrincess]

Question Tranquility

While there are some special rules for traffic "experts" and the like (usually regarding an accident), arrests for minor crimes generally require the arresting person to witness the crime.(Technically, all cops are one person and what one sees/knows, all do.) Since a citation is an arrest, I'd say the polce cannot issue a ticket in this instance. The other driver might make a citizen's arrest and the police cite and release you or the police, based on the evidence can send in the complaint to the DA or other authorized body who can order the arrest and serve the "ticket" by mail. The specific method used by the state varies and I have no idea of WI.

Thanks for the advice Tranquility. I have a question, what is a citizen's arrest? The officer said no criminal charges would be filed at all, just traffic violations, though he threatened that if either one of us were lying, he'd press criminal charges.

 

[Maestro64]

A lesson in life, he who complains first is usually giving more creditability.

This is what this women did to you, she got there first so they assume she is telling the truth and everyone else will lie to get out of trouble.

Do not let the officer intimidate you, in the end the officer most likely will not show up in court since he did not witness a thing and all he can say is he issued a citations based on what others' said.

It will come down to you said she said and who the judge decides to believe, thus back to the cooler heads win. So all you do is state what you did and what she did, do not make any value judgments about her or her driving.

 

[tranquility]

Even if it is an infraction, it is a crime. Just a really tiny one. A ticket is a promise to appear in court to answer for the crime.

 

[Jim_bo]

Even if it is an infraction, it is a crime. Just a really tiny one. A ticket is a promise to appear in court to answer for the crime.

Many states treat traffic infractions as civil offenses, which would mean it is not a crime. I'm not sure about WI.

 

[MUPrincess]

Maestro64: You give very good advice. I will not judge or make value statements about her or her driving. I believe that is the ultimate way of showing a "cool" head and mind process at the time.

Jim_Bo: Unfortunately, I haven't been able to find information about if this is a civil offense or not here in Wisconsin. I've been scouring the internet all day about looking up Wisconsin traffic laws, but haven't yet found a page that seems credible or that gives credible information.

Does anybody know a database or resources I could use to discover this information?? That'd be really helpful!

 

[Maestro64]

here is all the vehicle code information Wisconsin

Wisconsin motor vehicle laws - Wisconsin Department of Transportation

look at section 345, it appear in Wisconsin it could be civil or criminal depending on the offense.

Here is also what I found

Most traffic offenses in Wisconsin are known as “forfeitures“. Forfeitures typically carry a fine and no jail time. Although a forfeiture will not give you a criminal record, it will affect your driving record and your ability to get affordable auto insurance.

You would have to wait and see what kind of ticket the officer will issue if any. It could be a simple ticket like failure to yield right of way, or depending on what the other person said it could be a reckless driving ticket which is more serious.