Failure to yield right of way

What is the name of your state? Connecticut
In Wolcott Connecticut, A person went to the police station and complained I did not yield right of way to him. The officer wrote out a complaint infraction. She only called my home and left a message with my brother that she had written a ticket for me. I called her, from work, at which time she stated that a complaint was made and a ticket was issued. I would have to go to the police station and pick it up. If I didn't like tell it to the judge. I talked to her for a max time 2 minutes. She did make any effort to investigate or get both sides of the story. She did not witness the alleged event. There was no damage as far as I know to either vehicle. In Connecticut can an officer issue a ticket, without witnessing the violation??? Also I was told the complaint would not be available to me. How do I get a copy of it? I have a court date of 8/22/03.

Thanks!

[lwpat]

"There was no damage as far as I know to either vehicle."

This sounds like you were involved in an accident. It is always best to call the police and have them fill out a report even if there appears to have been no damage. You can wind up paying for dings and dents that have been there for years. You could also receive a ticket for leaving the scene of an accident. I know this sounds far out but it happens.

The officer does not have to be present to issue a citation. How many accidents do you think happen directly in front of a police cruiser?

Conn. appears to allow discovery at the traffic court level. You need to check with a local attorney to be certain. If so you can make a formal discovery request but you need to do it ASAP.
Many jurisdictions make the records available at the police department so go ask.

The officer cannot testify at the trial since she did not witness the accident. It will be necessary for the other party to testify in order for you to be convicted. I have seen the state put off a trial where their witness did not show. If you have an attorney and the witness doesn't show they will probably dismiss.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

[abezon]

Contest the ticket. In court, object to the officer testifying to anything. What the other person told her is hearsay. Use discovery procedures (should be outlined on the ticket) to get a copy of the officer's report. You might also go to the library & look up books on how to fight a traffic ticket and win.

Do not subpoena the complaining witness. If s/he doesn't show up, there's no evidence against you. Do not subpoena the cop. Do not have your attorney make the discovery request for you. If possible, have your attorney file his/her notice of appearance about 10 minutes before your court time. If the prosecution knows you have an attorney, they will prepare more for your case and be sure that the complainant is there. You want to play your cards as close to the vest as possible.

When the prosecution doesn't have the cop or the witness, move to dismiss the case. If the State requests a continuance to obtain its witnesses, ask if the witnesses were subpoenaed properly. (Look up the minimum time needed between service & trial.) Object to the continuance. You are ready to proceed with trial, and it is not fair to let the state get two bites at the apple just because they didn't bother to prepare for your case, thinking you would be a pushover. Also, if the witnesses weren't subpoenaed, say that it's inequitable to allow the state to walk into trial without even trying to get witnesses lined up and then get a continuance to prepare properly.

I took a right turn, competed that turn and drove straight to the next stop sign. Supposedly this other person felt the urgent need to swerve and slam on their brakes. Supposedly they turned around and tried to stop me. Not to hard since I sat at a stop sign waiting to turn left. So this other driver went to the police station and made a complaint.

Thanks for your advice it is greatly appreciated.