Can a police officer write you a moving violation ticket if the officer was never there and the car is in your driveway?

car slid off the road, city police responded to scene to help. next day car was towed and brought home with damage done by a snow plow. a claim was filed with the county about the damage 3 days after the incident. a sheriff's deputy from the county was sent to my house in another county to take pictures of my vehicle for insurance claim. the deputy found out that there was no insurance on my vehicle and 3 days later I received a ticket in the mail from the sheriff's office.

Comfrey, MN -

Attorney Answers (1)

Tricia Dwyer

Tricia Dwyer

Criminal Defense Attorney - Minneapolis, MN
Answered

Hello. Yes, an officer may issue a citation without having personally witnessed the incident. Quite often police officers do not personally witness auto vehicle accidents, but rather, conduct an investigation after the fact. The standard for issuing the citation is whether the officer has probable cause to believe that the offense had been committed. The signing officer states the summons is based upon “information and belief”. It is another issue to prove the matter in a court of law. You risk higher insurance premiums. You risk the other party initiating a civil action against you in the event personal injury or property damage is alleged. You likely face other potential negative collateral consequences. I urge you immediately seek legal counsel. All the best.

Tricia Dwyer, Esq., Minnesota Traffic Offense Law, Civil Law, General Practice, Tricia Dwyer, Esq. & Associates... more

Related Topics

Traffic moving violations

A moving violation is a traffic infraction committed in a vehicle in motion, such as speeding, reckless driving, or following another vehicle too closely.

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