Motorcycle Careless Driving Fight? Weird Situation.

[arte12345]

What is the name of your state? Minnesota

Last week me and two friends were doing wheelies in a secluded area, or so we thought. Someone happened to live on the county road we were doing this on and called us in. I didnt know this until I got home because I left early. As soon as I parked my bike I got a call from the sheriff saying he caught my two friends. My 'friends' must have gave the cops my name and number and so I talked to him, never admitted I was out there or doing admitted doing ANYTHING out there but since my friends said I was I guess I got in trouble too. I gave him my license plate from my bike and my address then he told me i'd be getting a ticket in the mail.
I didn't argue, didn't admit anything, just listened as he told me that I would be getting a ticket in the mail even though I never got pulled over.

I don't that it makes any sense for me to get a ticket by the procedure the cop used. I was out there, doing wheelies, but it seems like they would need better evidence than hear-say just because my friends gave me away.

I don't really want this careless driving ticket since I have a clean record and might as well try to keep it that way. I would deserve it, had I got caught.

How do you guys think I should deal with this?
Thanks.
-Kyle

[The Occultist]

You can try challenging it if you like. If the officer didn't see you, he won't make a good witness. However, if your friends state under oath that you were there, well that's that.

[arte12345]

They will not be at the court hearing, im sure of that. But they did tell the police man I was there when they were pulled over. By having that statement does that count as a witness since they did identify me to the police?

[The Occultist]

All the officer will be able to state is that he was told by those present that you were there. The crystal ball has been acting up lately, so I can't see how the court may react to that.

[arte12345]

As long as I don't end up in more trouble by appearing in court, I think I will. I was also thinking of getting a public defender just so I have more insight on this.
Thanks for all your help so far though =).
-Kyle

[The Occultist]

If you are given a ticket, you must show up, no matter what you think of how you were "caught".

Do standby as other [more knowledgeable] posters may offer their insight as well.

[Maestro64]

the first question: Did the officer catch your friends doing what they were ticketed for. If yes then they have a problem since he caught them in the act and there is no getting around that.

If no, then the officer ticketed them based on hearsay from some other person whom may or may not be able to identify you and them easily since I am assuming you were in ridding gear and helmets and all the this person could see is some people on bikes.

If it was no and he ticketed them and now you, based on someone else's observations that person will be required to show up at court to testify that you and only you were the person they observer, otherwise, the officer has no proof to what he is attempting to ticket you for. Unless this person shows this should not hold up, however, this depends on if you know how to deal with the court and if you do not then a lawyer will. This case is easy to beat simply on the hearsay and lack of personal knowledge on the officer part.

Now if the officer saw your friends this could be a little more tricky to deal with, again since the officer had no personal knowledge of what you did and is basing it on others' information and admissions, those people would have to show even if he has their statements. Those statements would have to be validated and you have a right to confront your accusers (your friends). If they do not show and the officer tries to use their statements you could simple state the statements are hearsay and could have been made under direst (under the threat they would go to jail unless they gave another name).

You got a pretty good case to win, as long as the friend and the person who reported you do not show up, and your friends could have a good case if the officer never saw them and the observer never shows. The best thing for you is they fight their ticket first beat it then that totally destroys their case on you.

Just think about it this way, the person who call the police said he saw motorcycles doing things and 10 minutes past and those people left and you arrived on the scene and then the officer shows up and tries to ticket you base on someone else's observations do you think that would be fair. This is the reason the officer must have first hand knowledge or the observer must be there so you can confront your accuser.

[xylene]

Don't stunt on public roads.

Then you will not have this problem.

You have good chance, given the hearsay issues... etc.

Generally speaking you can't get a public defender for a traffic ticket.

You will need to hire a lawyer who can help you retain you clean record.

Your clean record is worth the expense of a lawyer (fines, Insurance...)

I can't say this enough. Don't frickin stunt on public roads. Secluded. Don't make me laugh. It doesn't matter.

Go to the club / track to stunt.

[arte12345]

I appreciate your guys help so much, thank you. Too bad I cannot get a public defender though. The ticket is $175 and will ruin my clean driving record which sucks but I probably deserve it by now

The witness who reported us, was an OFF DUTY police officer that lived on the street we were on. Later the ON DUTY police officer showed up and busted my two friends, also I guess the off duty police officer met up with the on duty ones and my friends that were pulled over.

So it is based on hearsay of an off duty (out of uniform) officer which might mean more to a court than a normal civilian. Pretty sure my friends will not show up to testify against me, they will just plead guilty since they actually got pulled over, plus they wouldn't do that. The off duty officer really has no reason to show up either unless he really wants to be a jerk then I supposed im screwed.

I will take this information you guys have gave me though and use it towards my case. Once again, I appreciate it a lot and I think if all the marbles fall in the right spots I will win my case. It's almost like I got a ticket through a game of 'telephone' =)

[The Occultist]

Originally Posted by arte12345

I appreciate your guys help so much, thank you. Too bad I cannot get a public defender though. The ticket is $175 and will ruin my clean driving record which sucks but I probably deserve it by now

The witness who reported us, was an OFF DUTY police officer that lived on the street we were on. Later the ON DUTY police officer showed up and busted my two friends, also I guess the off duty police officer met up with the on duty ones and my friends that were pulled over.

So it is based on hearsay of an off duty (out of uniform) officer which might mean more to a court than a normal civilian. Pretty sure my friends will not show up to testify against me, they will just plead guilty since they actually got pulled over, plus they wouldn't do that. The off duty officer really has no reason to show up either unless he really wants to be a jerk then I supposed im screwed.

I will take this information you guys have gave me though and use it towards my case. Once again, I appreciate it a lot and I think if all the marbles fall in the right spots I will win my case. It's almost like I got a ticket through a game of 'telephone' =)

It's only hearsay when a person describes an event they were not witness to, such as the officer that responded. The off-duty officer that did witness the event? (or if it happened to be any civilian for that matter) that sworn testimony would be considered evidence, and not just hearsay.

Before you assume your friends won't testify against you, keep in mind they could be subpoenaed. I doubt that would happen in a case such as this, but it is possible, and if your friends either refuse to show up or lie on the stand, they could be arrested and charged with Contempt.