daughter given ticket for racing

[David1965]

What is the name of your state (only U.S. law)? Idaho
My daughter who is 16 was on her way back to school from lunch when another student a boy who has had his license for a week started brake checking her and swerving at trying to impress her or piss her off she would slow down he would slow down she had three passengers as did he. Well a police officer pulled infront of my daughter and pulled the boy over by the school he questioned the boy gave him numerous violations the boy told him that he was racing back to school the officer asked who and he said my daughter well thirty minutes later my daughter is pulled out of class and given a ticket for racing. The officer didn't obviously see her doing anything wrong otherwise she would have been pulled over as well, the boy wont tell the truth as he already lied to the officer and his Dad had the nerve to call my daughters cell to ask if they were racing she said no he apologized that his son got her in trouble and said he has a lawyer that would get it reduced to a a speeding ticket of going five miles an hour over the limit. Should I go to the Police station with my daughter and ask to speak to a Sgt or watch commander? I can't believe that due to this kid saying they were racing instead of him driving recklessly my daughter got a ticket I spoke with the three kids in my daughters car and one that was behind her and the story is the same he was being a jerk and driving erraticly.

 

[cyjeff]

The person to talk to is the judge.

When the court date comes up, have your daughter bring her witnesses with her.

 

[The Occultist]

Not legal advice, and certainly not helpful to you now, but I'll state anyways: when faced with potentially unsafe circumstances, the best thing to do is to pull over and wait for the dangerous situation to go away.

And, just gonna ask you the same question that might enter the judge's mind: do you KNOW your daughter wasn't racing? or is that simply what she told you to try avoiding trouble?

 

[antrc170]

IF what your daughter is telling you is the truth, it should be fairly easy to get out of the ticket. I suggest trying to talk to the shift commander, sgt, or other supervisor. Many jurisdictions (all that I have worked for) do not allow the officer to issue a ticket for an infraction not witnessed, or without having substational evidince of (such as an accident). Check with the local PD.

If it goes to court bring along a school administrator who can testify that your daughter was taken out of class to recieve the summons. If the officer testifies that he observed the racing then ask why he waited until she was in school to issue the ticekt? How can you be certain of the driver of the vehicle? How did you identify the vehicle? Ask about the stop with the other driver, etc.

 

[David1965]

Well my daughter came home from school today and the passenger from the other car confirmed her story and said he would write a statement as well inregards to the fact she wasn't racing and the driver of the car he was riding in would cut her off and brake check her.Also the three other statements she recieved from her passengers with each of there parents signing as well.IF the officer saw my daughter doing something illegal why would he pull infront of her and pull over the driver infront of her?

 

[The Occultist]

IF the officer saw my daughter doing something illegal why would he pull infront of her and pull over the driver infront of her?

If both vehicles were racing, then both vehicles were doing something illegal; why wouldn't the officer want to pull both vehicles over?

 

[CdwJava]

It looks to me as if the officer saw the activity and stopped one car. he apparently obtained the license plate of the OP's daughter's car, or knew her, or was told who she was by the kids in the first car, and then went to issue the ticket.

We do not know what section it was for so we do not know if it was issued for actually being involved in a race. In my state there are exhibition of speed sections and even reckless driving sections that might be referred to as "racing" but that is not entirely what the elements of the offense entail.

If we knew the specific code section, we might know what elements the state has to prove.

Oh, and trying to pull over two cars when one or both has been driving like an idiot is NOT an easy task - nor might it be safe to do so. What is described here is not an uncommon situation when you have two vehicles. You pull over the most aggressive one and go for the other one later if you can.

 

[BOR_]

Oh, and trying to pull over two cars when one or both has been driving like an idiot is NOT an easy task - nor might it be safe to do so. What is described here is not an uncommon situation when you have two vehicles. You pull over the most aggressive one and go for the other one later if you can.

One can get away from a cop but cannot beat the radio.

You daughter has a very serious charge in front of her. The boy's testimony and the cop's may very well be enough to convict her.

The OP states that the officer did not see the racing but the OP really does not know if the/any officer saw it or not. And the OP stated that the officer did see her driving....

The boy's testimony itself would not be enough to convict; if he testifies that she was racing then an objection would be appropriate as it really requires to know the state of mind of a person so unless she said "lets race" the boy would not know.

There is no requirement that she be arrested on the spot ~ she only needs to be arrested before the statue of limitations is up; not an issue here.

The other witnesses will not be seen as credible v. the officer's testimony IMO; they are friends of the girl v. an impartial officer.

Deposing the officer before trial would be in order. It will all hinge on his testimony. Don't do it at your own risk.

 

[CdwJava]

If the officer saw the first car, and pulled in front of the daughter's car to stop the first car, it is very likely he observed more of what had occurred.

But, daughter will find out at trial, or, if there is a report or notes, might be able to find out the officer's side through discovery.