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#1
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Issued Traffic tickets from a filed complaintWhat 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 |
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#2
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| 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. |
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