mehoffmann

[mehoffmann]

What is the name of your state (only U.S. law)? Utah. I was recently given a reckless driving ticket by a citizen. The police wrote me the ticket and the citizen signed it. The police were not at the accused scene. The citizen called them while following me. I have been assigned a p/defender, pleaded not gulty and have a bench trial set next month. What are the chances of being convicted based solely on her word vrs mine. I have a perfect driving record and recall the event clearly. And I am sure that I did nothing more than pass her. Also can I sue for a false arrest in this situation if I am aquitted?

 

[CdwJava]

No one can give you the odds of being convicted. It will come down to which of you is a the more credible before the court - the complainant or you.

If you are acquitted you can TRY to sue for false arrest, but unless he admits to making the whole thing up, that would likely be a waste of money. All the arrest requires is probable cause. He probably cannot prove that you were driving recklessly any more than you can prove that you were NOT driving recklessly. That will effectively preclude success in a civil suit. But, if you have a couple thousand dollars sitting around, you can give it a go.

- Carl