Received a ticket because of citizen complaint

[Baffled]

What is the name of your state?What is the name of your state? Missouri

I was driving on highway, 9 miles outside of the town limits. I was following a lady, who was going 45 in a 55 mile zone. I had to stay behind her for awhile because of curve- yellow lines etc, as soon as the yellow lines ended and it was safe to pass, I passed her. It must have pissed her off or something. She got right up on my bumper, then dropped back. She must have had the cops on speed dial. She called in a complaint via her cell phone and after I had gotten several blocks into the town limits, the city cops, stopped me and told me the lady complained that I passed when I could not see clearly and that I was driving like a bat out of hell!!! The lady said, that I put her life in danger!!! The cops told me that out on the highway was not in thier jurisdiction, so they called a highway patrol and the cops and I waited 1/2 hour for the highway patrol to get there. When he got there, he told me that ordinairly he would not give a ticket because he had not witnessed this, nor had the cops, but that the lady was adament, that I get a ticket.

( I later found out, when she initially called in, she requested to remain anonymous, but somewhere along the line she must have given a name, she did not give her name to dispatch) I did not get a ticket for speeding, but for driving while view was obstructed. altho it was not obstructed to me. The patrolmen said, just because there is no yellow line, dosen't mean it is safe to pass. But it was clear, nothing coming and I could see.

Now it boiled down to it was her word against mine, I was not stopped even near the place, this happened. The patrol did or could not write on the ticket the time of offense or the place.

Is this legal? Doesn't a person have the right to face their accuser? How do I know she wasn't having road rage or drinking herself?

I took a family member out to the sight and he called the patrolman and the patrolman was a young guy been on the force 2 years, said he would not back down from the ticket, that the lady is willing to testify. I feel like I am being railroaded. My first instinct was to pay the ticket and forget it. But How many people does this lady do that to? Is she one of those people who has the cops on speed dial and just turns everyone in and it is her story against theirs? I don't really want points on my license either and it would be easier to just pay the ticket, but I don't think this is right!!!!! Please give me some legal advice or let me know at least if this is right?

[CarrieT]

Originally Posted by Baffled

What is the name of your state?What is the name of your state? Missouri

I was driving on highway, 9 miles outside of the town limits. I was following a lady, who was going 45 in a 55 mile zone. I had to stay behind her for awhile because of curve- yellow lines etc, as soon as the yellow lines ended and it was safe to pass, I passed her. It must have pissed her off or something. She got right up on my bumper, then dropped back. She must have had the cops on speed dial. She called in a complaint via her cell phone and after I had gotten several blocks into the town limits, the city cops, stopped me and told me the lady complained that I passed when I could not see clearly and that I was driving like a bat out of hell!!! The lady said, that I put her life in danger!!! The cops told me that out on the highway was not in thier jurisdiction, so they called a highway patrol and the cops and I waited 1/2 hour for the highway patrol to get there. When he got there, he told me that ordinairly he would not give a ticket because he had not witnessed this, nor had the cops, but that the lady was adament, that I get a ticket.

( I later found out, when she initially called in, she requested to remain anonymous, but somewhere along the line she must have given a name, she did not give her name to dispatch) I did not get a ticket for speeding, but for driving while view was obstructed. altho it was not obstructed to me. The patrolmen said, just because there is no yellow line, dosen't mean it is safe to pass. But it was clear, nothing coming and I could see.

Now it boiled down to it was her word against mine, I was not stopped even near the place, this happened. The patrol did or could not write on the ticket the time of offense or the place.

Is this legal? Doesn't a person have the right to face their accuser? How do I know she wasn't having road rage or drinking herself?

I took a family member out to the sight and he called the patrolman and the patrolman was a young guy been on the force 2 years, said he would not back down from the ticket, that the lady is willing to testify. I feel like I am being railroaded. My first instinct was to pay the ticket and forget it. But How many people does this lady do that to? Is she one of those people who has the cops on speed dial and just turns everyone in and it is her story against theirs? I don't really want points on my license either and it would be easier to just pay the ticket, but I don't think this is right!!!!! Please give me some legal advice or let me know at least if this is right?

Oh wow, Ive never heard of a situation like this before. And unfortunately I have no legal advice to give you... but Im curious to find out how it turns out.. so please do post after youve been to court.
Oh... for what its worth I WOULD plead not guilty and go to court.. because altho I know when I went to court I was permitted to question the Officer who gave me the ticket, you said here that the Officer said the woman was willing to testify.. so I think that means that YOU would be permitted to question her.. in which case while the court takes the word of an Officer as gospel, they arent going to in the case of some other citizen making a complaint. So I would think you would have a better than average chance of having the ticket dismissed in that case - IF you do your homework and present a persuasive arguement for the woman being 'just ticked off' rather than you having driven recklessly.
Best of luck to you
Carrie

[HomeGuru]

Originally Posted by Baffled

What is the name of your state?What is the name of your state? Missouri

I was driving on highway, 9 miles outside of the town limits. I was following a lady, who was going 45 in a 55 mile zone. I had to stay behind her for awhile because of curve- yellow lines etc, as soon as the yellow lines ended and it was safe to pass, I passed her. It must have pissed her off or something. She got right up on my bumper, then dropped back. She must have had the cops on speed dial. She called in a complaint via her cell phone and after I had gotten several blocks into the town limits, the city cops, stopped me and told me the lady complained that I passed when I could not see clearly and that I was driving like a bat out of hell!!! The lady said, that I put her life in danger!!! The cops told me that out on the highway was not in thier jurisdiction, so they called a highway patrol and the cops and I waited 1/2 hour for the highway patrol to get there. When he got there, he told me that ordinairly he would not give a ticket because he had not witnessed this, nor had the cops, but that the lady was adament, that I get a ticket.

( I later found out, when she initially called in, she requested to remain anonymous, but somewhere along the line she must have given a name, she did not give her name to dispatch) I did not get a ticket for speeding, but for driving while view was obstructed. altho it was not obstructed to me. The patrolmen said, just because there is no yellow line, dosen't mean it is safe to pass. But it was clear, nothing coming and I could see.

Now it boiled down to it was her word against mine, I was not stopped even near the place, this happened. The patrol did or could not write on the ticket the time of offense or the place.

Is this legal? Doesn't a person have the right to face their accuser? How do I know she wasn't having road rage or drinking herself?

I took a family member out to the sight and he called the patrolman and the patrolman was a young guy been on the force 2 years, said he would not back down from the ticket, that the lady is willing to testify. I feel like I am being railroaded. My first instinct was to pay the ticket and forget it. But How many people does this lady do that to? Is she one of those people who has the cops on speed dial and just turns everyone in and it is her story against theirs? I don't really want points on my license either and it would be easier to just pay the ticket, but I don't think this is right!!!!! Please give me some legal advice or let me know at least if this is right?

**A: that's your side of the story. I know her's is much different.

[Baffled]

Thanks Carrie, I will let the list know. I beleive there is a way, I can call in and get the name of the person, but if I get a lawyer, he should be able to do that and also see if this person has a pattern for doing this.

Who is to say this woman wasn't on drugs or drinking, she never actually stopped or saw the officers, her little job was simply over the phone, (there is more than one way to skin a cat) we will just have to wait and see what the story is. I know there is a lot of road rage out there. I have even heard of people that can't stand to be passed!!! A person just cannot go around falsely accusing people, even though it does seem like we are losing an awful lot of our freedoms!

When my husband talked to the young officer, he was taken back on quite a few issues that were brought up, I don't think we are going to let this go. My husband is in the insurance business and insures a lot of motorists etc, so he is somewhat knowledgable on some of these issues, even tho he is not in law enforcement. Will let you know.

[Two Bit]

Well you can get a lawyer to handle this, or you can do it yourself. Your husband won't be able to do anything for you in court.

It's a screwy situation, and I'd think that a lawyer would be able to make short work of this. From your description, the length of detention seems unreasonable. For a simple violation like this with no real need of investigation, detaining you for 30 minutes is absurd.

Another issue is proving who was driving the car. The state would have to subpoena the other driver, the city cop, and the whoever issued the summons.

I've called 911 and had people stopped and cited, but when I did it, I was a cop. I maintained visual contact with the car. I explained to the newer officer what the legal requirements are in Georgia for citing a driver when antoher officer witnessed the violation, and waited until he released me from the scene.

This sounds like a mess, and I think our solicitor-general's office would have a big problem with it.

[Robbie0723]

See if the other driver can be cited for; aggressive driving, following too closely, speeding (to catch up with you) and obstruction of traffic. If she accelerated while you were trying to pass, include that also (may be reckless depending on state).

[HomeGuru]

Originally Posted by Robbie0723

See if you can file a cross charges for aggressive driving, following too closely, speeding (to catch up with you) and obstruction of traffic. If she accelerated while you were trying to pass, include that also (may be reckless depending on state).

**A: file cross charges? This is not a civil case and the other driver is not the Plaintiff.

[HomeGuru]

Originally Posted by Robbie0723

Correct, but you get the point...

**A: no. what is the point?

[HomeGuru]

Originally Posted by Robbie0723

.. the whole thing is silly.

**A: what whole thing?

[Baffled]

Missouri:
Just an update and Carrie asked to let her know how I came out on this:
Well I received the ticket the last of Dec. so far nothing going on much. I did get a lawyer for awhile, and it kept getting postponed, which was worth the money I spent as my court date was in the middle of mid terms. ( I am working on college degree) So actually did not feel my lawyer was doing much for me, he asked me how much I wanted to spend.
I could have paid the 150.00 and put this behind me, but I feel this is an injustice. (My ticket was for failure to pass with a clear view-a citizen called it in, cops pulled me over much later - see orig. post) So I don't have a lawyer, I am going to plead not guilty and go from there, if it means a jury or whatever. I am not guilty and I may still have to pay the ticket. I live in a small 'good ole boy county' and it is a crooked county. In fact the judge is married to the lawyer etc etc etc. All you have to do is read the court news in the local paper and see the outrageous bonds some of these people have to post, but yet the druggies get by with little or nothing.

But it is the injustice of it all. I plan on writing to the state attorney general and anyone else about my rights. If a person is speeding and you know you are, pay the ticket. But if you have been accused of something you really did not do, an incident that was not witnessed, and it is one person's word against another, for goodness sake, stand up for your rights!! Our boys have been dying in war after war fighting for our freedoms, that others are trying to take away from us. this just isn't about moving violations, it is about everything!!!! We need to wake up and stand up for our rights and I am going to do it, I may not win, but I will feel better about myself for trying!!! Will keep you posted

[patstew]

Originally Posted by gkisystems

First of all, this should get dismissed easily. Claim you weren't driving, your friend was - and he got out of the car between the time the lady saw you and the time you got pulled over. That have no way to identify that you were driving, unless you admit you were.

Secondly, take PHOTOS and present them in trial. A photograph will clear you. You only have to defend yourself for what you were charged with, not reckeless driving, etc.

Thirdly, ask that she gets a ticket.

Forthly, if you win, take her to small claims court for the time and money you wasted defending yourself plus punitive damages. Her accusations are unreasonable and only made to piss you off.

First of all, DON'T LIE. Bad, bad advice.

Secondly, take photos of what?

Thirdly, asking that she gets a ticket is a stupid as the original ticket that was given.

Forthly (sic), our society is far too litigious. Get over it.

I'm astonished at how complicated this question has become. Doesn't it basically come down to she said/he said and there are no witnesses? Go to court, dress nicely, behave calmly, state your case without juvenile name-calling or silly needs for revenge, and I don't see why this won't just be dismissed.

Sheesh. Keep it simple, already.

[LawAbiding]

Originally Posted by patstew

... I'm astonished at how complicated this question has become. Doesn't it basically come down to she said/he said and there are no witnesses? Go to court, dress nicely, behave calmly, state your case without juvenile name-calling or silly needs for revenge, and I don't see why this won't just be dismissed.

Sheesh. Keep it simple, already.

I'm in agreement with your overall advice on this one.
However one statement stood out.
"Doesn't it basically come down to she said/he said and there are no witnesses?"

Most traffic tickets are about she said/he said. The only difference is that one of the she's/he's is a police officer. Now were you implying that there is a difference between the truthfulness of a police officer and a non-police officer? If not, then why would he have any more likelihood of succeeding with his case than he would going up against a police officer?

[Ohiogal]

Originally Posted by gkisystems

First of all, this should get dismissed easily. Claim you weren't driving, your friend was - and he got out of the car between the time the lady saw you and the time you got pulled over. That have no way to identify that you were driving, unless you admit you were.

Secondly, take PHOTOS and present them in trial. A photograph will clear you. You only have to defend yourself for what you were charged with, not reckeless driving, etc.

Thirdly, ask that she gets a ticket.

Forthly, if you win, take her to small claims court for the time and money you wasted defending yourself plus punitive damages. Her accusations are unreasonable and only made to piss you off.

YOU HAVE GOT TO BE KIDDING ME! You are telling the OP to commit perjury???? TO LIE UNDER OATH? Oh lovely. OP if you follow this advice, be prepared to get the book thrown at you.