Ticket after the fact

[JBAKER1257]

I was recently in a car accident where the other driver cut in front of me causing me to hit him. I was going through a yellow light, and the other driver and one witness claimed the light was red. The insurance ruled in my favor because I was on a major roadway and the other driver was pulling out of a driveway. The officer never spoke to me about a citation, so I've been telling the insurance company I was not aware of any issued.
Well, 8 days after the incident, the officer issued a citation for running a red light. He was not present when the accident occurred, only after. Additionally, when he issued the citation, he put the incorrect information down.
Can he do this? Not only was the other driver at fault, the citation is based off of civilian witnesses, including the other driver, who could not see the light from his position, but one person who was a car behind me. Can I successfully fight this?

 

[Zigner]

I was recently in a car accident where the other driver cut in front of me causing me to hit him. I was going through a yellow light, and the other driver and one witness claimed the light was red. The insurance ruled in my favor because I was on a major roadway and the other driver was pulling out of a driveway. The officer never spoke to me about a citation, so I've been telling the insurance company I was not aware of any issued.
Well, 8 days after the incident, the officer issued a citation for running a red light. He was not present when the accident occurred, only after. Additionally, when he issued the citation, he put the incorrect information down.
Can he do this? Not only was the other driver at fault, the citation is based off of civilian witnesses, including the other driver, who could not see the light from his position, but one person who was a car behind me. Can I successfully fight this?

What US state?

Here in the US, I would say that you would have a good chance at beating the citation in court. Not a slam-dunk, but a pretty good chance.

 

[Just Blue]

I was recently in a car accident where the other driver cut in front of me causing me to hit him. I was going through a yellow light, and the other driver and one witness claimed the light was red. The insurance ruled in my favor because I was on a major roadway and the other driver was pulling out of a driveway. The officer never spoke to me about a citation, so I've been telling the insurance company I was not aware of any issued.
Well, 8 days after the incident, the officer issued a citation for running a red light. He was not present when the accident occurred, only after. Additionally, when he issued the citation, he put the incorrect information down.
Can he do this? Not only was the other driver at fault, the citation is based off of civilian witnesses, including the other driver, who could not see the light from his position, but one person who was a car behind me. Can I successfully fight this?

What state?

 

[PayrollHRGuy]

I was recently in a car accident where the other driver cut in front of me causing me to hit him. I was going through a yellow light, and the other driver and one witness claimed the light was red. The insurance ruled in my favor because I was on a major roadway and the other driver was pulling out of a driveway. The officer never spoke to me about a citation, so I've been telling the insurance company I was not aware of any issued.
Well, 8 days after the incident, the officer issued a citation for running a red light. He was not present when the accident occurred, only after. Additionally, when he issued the citation, he put the incorrect information down.
Can he do this? Not only was the other driver at fault, the citation is based off of civilian witnesses, including the other driver, who could not see the light from his position, but one person who was a car behind me. Can I successfully fight this?

It is clear that he can do this because he did.

Police are usually not witnesses to accidents and they cite people for them all the time. It really doesn't matter if he wrote you up on the spot or days later. Most witnesses are "civilian" because most people are civilian. If this witness is related/friends of the other driver that will help you. If it was just a random person you will have a much tougher time.

Of course you can fight the ticket. This is 'merica.

 

[JBAKER1257]

Pennsylvania. There aren't any traffic cameras either, so it's my word against the other drivers/witnesses.

 

[PayrollHRGuy]

Pennsylvania. There aren't any traffic cameras either, so it's my word against the other drivers/witnesses.

Was the witness any relation or friend of the driver?

 

[JBAKER1257]

I don't know

 

[doucar]

I would fight it. The officer cannot testify as to what he did not observe or what he was told, the witnesses would have to come to court to testify against you. whether they will or not, no one knows, but you have a greater chance that they will not show, than those who gets tickets and hope to get them dismissed, because the officer does not show.

 

[PayrollHRGuy]

I don't know

Has the insurance company given you any push back? If not I'm betting they don't know about the witness or they know the witness is family/friend of the driver. I would definitely fight the ticket.

 

[CdwJava]

In those states where it is permitted, a citation can be issued based upon the conclusions in a collision investigation. Believe it or not, a good argument can be made as to who did what and when based upon the statements of the witnesses (in this case you appear to have an uninvolved third party that places you running the light) and the damage to the vehicles. Clearly, we here are in no position to evaluate the evidence as we have not seen it. But, do not think that it is a slam dunk merely because the officer didn't observe it.

 

[CdwJava]

I would fight it. The officer cannot testify as to what he did not observe or what he was told, the witnesses would have to come to court to testify against you. whether they will or not, no one knows, but you have a greater chance that they will not show, than those who gets tickets and hope to get them dismissed, because the officer does not show.

The officer CAN testify as to the evidence at the scene and the conclusions reached in his investigation which can also include an evaluation of the statements made.