Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-15-2003, 12:39 PM
Vampchylde
Guest
 
Posts: n/a

Issued Traffic tickets from a filed complaint


What is the name of your state? Maryland

I recieved a phone call from a police officer who told me I was going to be issued two traffic citations from a report that was filed that I jumped a curb and almost hit a teacher and two students. I was on school property working that day and nothing remotely like this happened I had no incident or contact with anyone that day. I am curious how can an officer issue me citations for reckless driving and another for neglient driving even tho he did not witness anything?He even told me he did not witness this and could not say anythin about it in court. So now anyone can call and make a complaint and have someone ticketed by just giving a tag number and a story??

Thanks for any input
    Reply With Quote
  #2  
Old 06-15-2003, 04:53 PM
Senior Member
 
Join Date: May 2003
Posts: 2,607
It can happen. The teacher filed a complaint. The officer is required to investigate the complaint and he can issue a ticket. I am surprised that he is giving you two citations for the same offense.

He is correct that he cannot testify in court since he did not see the incident. However, he can testify about any statements you make or any physical evidence at the scene. The teacher and/or the students will have to testify that it was your car and that you were the driver. My suggestion is that you start by getting a copy of the officer's notes. He can tell you if discovery is allowed or he may volunteer to meet you at the station and allow you to see them. If that fails you can file a FOI request.

If you do talk to him be very careful about any statements that you make. He should have included you in his investigation. If nothing happened and it was not you I would call him back and make an appointment. It is possible that you may be able to convince him that it was not you and shortcircuit the process and avoid a lot of trouble.

This could be a real situation depending on the actual charges and you should consider hiring an attorney. I would recommend that your attorney be present if you make any statements. Send me an email if you need further help since I am limited to what can be posted on a public forum.

-----------------------------------------------------
Life's just a bowl of cherries, but by the time I got there nothing was left but the pits.
-----------------------------------------------------
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.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:21 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.