Citation Issued a full day after complaint

[pingp0ng]

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

A couple different people complained to the police that I had passed them in a non-passing zone. Clearly they wrote down my license plate# and called the cops. I was never pulled over for any of these violations.

However, a day after the complaints a cop showed up at my door and questioned me. He then issued me a citation for the so-called violations I had done a day earlier.

I am highly considering requesting a hearing. My main question is does the cop have any case? I was never pulled over; this is all based on word of mouth complaints. Whether or not I passed 100 people and they all complained is there really a case here if I was never pulled over or caught by a cop?

For example, if I request the hearing and the 2 people who complained both show up (which I think would be unlikely) in addition to the cop will I even still have to pay up? I guess my main thing is can you really get a citation a full day after the incident based on people reporting your license plate to the police? Doesn't seem legitimate to me because anybody can complain about anybody to the cops.

Thanks for any advice...

 

[OHRoadwarrior]

If they show up, you will probably be found guilty.

 

[HomeGuru]

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

A couple different people complained to the police that I had passed them in a non-passing zone. Clearly they wrote down my license plate# and called the cops. I was never pulled over for any of these violations.

However, a day after the complaints a cop showed up at my door and questioned me. He then issued me a citation for the so-called violations I had done a day earlier.

I am highly considering requesting a hearing. My main question is does the cop have any case? I was never pulled over; this is all based on word of mouth complaints. Whether or not I passed 100 people and they all complained is there really a case here if I was never pulled over or caught by a cop?

For example, if I request the hearing and the 2 people who complained both show up (which I think would be unlikely) in addition to the cop will I even still have to pay up? I guess my main thing is can you really get a citation a full day after the incident based on people reporting your license plate to the police? Doesn't seem legitimate to me because anybody can complain about anybody to the cops.

Thanks for any advice...

**A: so did you in fact pass cars in a no passing zone? If so, why?

 

[HighwayMan]

It's called probable cause. An officer does not have to witness it if the complainants are deemed credible. But THEY (or at least one of them) have to appear in court and testify against you.

 

[Free_Advice]

its too late now, but don't answer the door for a cop -- they are never there to make you more free.

the witnesses would have to testify that it was YOU behind the wheel .. thats what I would focus on.

what kind of folks in MA waste their time calling on such a trivial matter???

 

[You Are Guilty]

It's called probable cause. An officer does not have to witness it if the complainants are deemed credible. But THEY (or at least one of them) have to appear in court and testify against you.

What if, after:

However, a day after the complaints a cop showed up at my door and questioned me

The OP said, "Oh yeah, I remember those a-holes. They were blocking the lane for no reason and I had to drive on the shoulder to get around them!"

Complaining witness(es) still required?

 

[HighwayMan]

Complaining witness(es) still required?

The officer already showed up and interviewed the OP about the situation. I don't know the details of that interview, but apparently whatever the OP said was not sufficient to convince the officer not to issue the ticket.

Since the ticket was issued based upon "information and belief" and not direct observation at least one witness would have to provide some evidence against the OP.

 

[HighwayMan]

what kind of folks in MA waste their time calling on such a trivial matter???

I don't know the mindset of the average Massachusetts driver, but I would think that if several people called to complain about the event independently of each other then it must have been pretty serious.

 

[demurringdude]

its too late now, but don't answer the door for a cop -- they are never there to make you more free.

They might be there to tell you that there's an escaped convict in your neighborhood, or that your kid was in a car wreck, or any manner of thing. Answering the door is not the problem.

You can and should decline to incriminate yourself by answering questions about a crime they think you committed. That can never help you, regardless of whether you are guilty or innocent.

 

[You Are Guilty]

Since the ticket was issued based upon "information and belief" and not direct observation at least one witness would have to provide some evidence against the OP.

If that's what happened, I agree completely, but I'm not seeing your basis in the OP's post. (For all we know, he very well may have incriminated himself to the officer during questioning - the description was pretty vague).

 

[pingp0ng]

Thanks for the advice everyone. I never verbally admitted to the accusations but I did say to the cop I was driving my car during that day. I realize that may do me in.

That said, you think if only the cop showed up to the hearing that I might be found not guilty? I don't think the cop ever interviewed the complaining parties. I think they simply reported my license plate to the police and that cop decided he had nothing better to do on a Saturday than to come give me a ticket for it. (Of course, it was not me who answered the door; it was my dumb roommate)

He questioned me a little; I admitted to driving my car that day but never said I actually did it. He then said, "Well, come up to my car because I think I'm going to write a ticket for this". It seemed to me as though he didn't come there 100% wanting to give me a ticket from the start but decided he wanted to. It was only $100 which isn't all that bad but I'm hurting for cash.

Anyways, at first I was just going to pay the $100 and I wasn't even thinking about an appeal. But I thought I should ask around first. Still not sure what I'm going to do...

If you guys think I would be ok if only the cop shows up and no witnesses, then I might appeal.

 

[pingp0ng]

Oh and something else worth mentioning. I have a feeling only one person complained. I passed two cars back to back so I think it's highly likely only one of them called the police to report my license plate and told them I passed 2 cars. Better odds for me if I do appeal in terms of there being less possible witnesses...

 

[davew128]

If they show up, you will probably be found guilty.

False. In Massachusetts, moving violations are civil matters. The magistrate if finding the witnesses credible based on a preponderence of the evidence would find the OP "Responsible".

 

[davew128]

what kind of folks in MA waste their time calling on such a trivial matter???

The same losers who practically send an extortion letter to a Whole Foods store opening up and demanding that 1% of profits go to a local improvement organization. Trust me, MA is almost as bad as CA with some of that BS.