meema said:
I WAS A WITNESS TO AN CAR ACCIDENT IN WHICH SOMEONE WAS SPEEDING, IWAS BEHIND HIM , HE WENT OFF THE ROAD AND WAS KILLED. TO MAKE A LONG STORY SHORT, THERE WERE NO OTHER WITNESSES BUT BECAUSE I WAS BEHIND HIM I CALLED 911. THEN i LEFT. i WAS CALLED BY A DETECTIVE 5 DAYS LATER AND ISSUED A SPEEDING TICKET, THERE WAS NO POLICEMAN THERE TO SEE THIS, NO RADAR OR ANYTHING IS THIS LEGAL TO GIVE ME A SPEEDING TICKET?THIS TOOK PLACE IN NEW YORK.
Meema,
By all means, fight this one. Request the supporting deposition. The supporting deposition must state the facts that support the charge, and those facts must be based on the cop's firsthand knowledge or hearsay information (what he was told by someone else). Unless you admitted to speeding during the 911 phone call, I don't see how they can meet the statutory requirement for a supporting deposition.
However, as I said in another thread, it is quite possible you'll lose on the local level, no matter how ludicrous a conviction would be. On the local level, there isn't much legal knowledge or interest in "justice." You might have to appeal but that is much easier than you might imagine.
This is my personal opinon based on my experiences. I am not an attorney and this post does not constitute legal advice. But I am correct about the supporting deposition. The best thing to do would be to consult an attorney in New York State.
I hope this isn't too late.
