Failure to Stop - Another Officer Stopped Me

[Dreamfighter11]

What is the name of your state? PA

I was stopped by one officer who claims another saw me fail to come to a complete stop at a stop sign. I travel the road every day, it is an intersection at which you almost can't help but come to a complete stop. I did stop, but of course it will be my word against the officer. Question is how valid is one Officer writing a ticket based on what the other supposedly said or saw? What are my chances of getting off?

[ENASNI]

Carl... Buckner...Lawgirl


Front and center....

Hold on dreamfighter... the cops are coming...

I will go get the coffee and donuts... be right back.

[JETX]

Originally Posted by Dreamfighter11

Question is how valid is one Officer writing a ticket based on what the other supposedly said or saw?

Good question... and the answer depends on who actually gave the citation. If the officer who witnessed the violation came up and gave you the citation, then it is probably valid. However, if the officer that gave you the citation was NOT the one who witnessed the violation, then the ticket MAY be 'tossed' as it would have been issued under 'hearsay'. I suggest you review the persons who are involved in the actual citation.
In any case, BOTH officers (witness and citing) would have to appear in this case.

What are my chances of getting off?

See above.

[Dreamfighter11]

It was not the officer that witnessed the so called crime that gave me the citation. The Officer that gave me the citation was parked up the street and around the corner and could not possibly have witnessed what happened. He was going on what the other Officer says he witnessed.

Thanks.

[RetiredMotor]

Check your citation on the bottom. Should indicate arresting officer (obs. violation) and issuing officer both their names should be there. That's the way we do it in Ca., hope this info: helps.

[fedcop110]

On the federal CVB citations, There is a block on the back of the ticket for, "another officer's observation." I can write the citation for another officer if for some reason that officer is unavailable. However, both of us would have to appear in court to testify. It is the same for the Virginia uniform summons. I'm pretty sure that it is the same pretty much everywhere. I can't think of any reason, as long as both officers testify, that the ticket wouldn't be valid. Hope this helps

[Bravo8]

Fedcop is correct. PA law allows for a filing of a citation (or criminal chages for that matter) on the word of another, police officer or not. Both would have to appear to testify in court.

The mere filing of the charges is not hearsay. If that were the case, how could the police ever use an eyewitness' account to build a case against someone?

[Huynh]

man, today i just got a ticket and i dont deserve it. its a ticket for failing to stop at a stop sign...jesus. For god sakes i stop behind the pedrestian line and wait for the other vehicle( to my left) to procide so he did then it was my turn so i the procide until a police stop me 3 min later. If he say i didnt stop then why i let the vehicle to my left go..its obvious. The officer say i fail to stop at the stop sign so i argue at him and gave him my license. I think i am going to court and fight this because i did stop complete before the stop sign and let other vehicle passes and i waited at least 4seconds.

[JETX]

Originally Posted by Huynh

man, today i just got a ticket and i dont deserve it. its a ticket for failing to stop at a stop sign...jesus. For god sakes i stop behind the pedrestian line and wait for the other vehicle( to my left) to procide so he did then it was my turn so i the procide until a police stop me 3 min later. If he say i didnt stop then why i let the vehicle to my left go..its obvious. The officer say i fail to stop at the stop sign so i argue at him and gave him my license. I think i am going to court and fight this because i did stop complete before the stop sign and let other vehicle passes and i waited at least 4seconds.

Who cares?? And what does your pathetic whinings have to do with this thread??

[HomeGuru]

Originally Posted by Huynh

I think i am going to court and fight this because i did stop complete before the stop sign and let other vehicle passes and i waited at least 4seconds.

**A: you hijacked this thread. So when you post your own thread, include how you actually calculated the 4 seconds and what the 4 seconds actually has to do with the stop.

[Dreamfighter11]

Thank you all for your input thusfar. Now the question is, How do I proceed? 1. Do I claim innocence - as my word against a Policeman isn't likely to carry very far.
2. Is there any way I can find out where the witnessing Officer was before my trial, do I find out if he reported my license plate to the Officer that ticketed me? Maybe it wasn't me the officer saw at all and I merely "fit the description.
3. Do I take pictures at the scene or hang out there and see how many I can count in say an hour or so that don't come to a complete stop? How is complete stop defined?

Any other suggestions?

Thanks!

[JETX]

Originally Posted by Dreamfighter11

Now the question is, How do I proceed?

That depends largely on what your 'defense' is to the citation. If you feel that the citation was issued when you were NOT in violation, then you simply present your defense.
If you don't have a valid defense, then you see if the witnessing AND citing officers both appear. If they do, then you are very likely SOL.