Can police of the village of rouses point ny issue a traffic ticket without seeing the infaction

a school bus parked on a parking lot road which is not maintained by the village was passed cause the warning lights were not on lated reported to the village police and a ticket issued by the village police who did not see the so called infaction

Rouses Point, NY -

Attorney Answers (4)

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Speeding / Traffic Ticket Lawyer - Garden City, NY
Answered

No--traffic summonses must be witnessed by the officer

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

I believe an officer has to personally witness a traffic infraction in order to issue a summons.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Yefim Rubinov

Yefim Rubinov

Speeding / Traffic Ticket Lawyer - Brooklyn, NY
Answered

A police officer may not issue a traffic summons without observing the infraction. Get a lawyer

Matisyahu Wolfberg

Matisyahu Wolfberg

Speeding / Traffic Ticket Lawyer - Monsey, NY
Answered

A police officer may issue a traffic violation on information and belief, based on the statements and observations of others.

However, at trial, the witness of the alleged violation would have to testify.

Often this comes up when there are two officers involved, one who operates the radar gun and the other one actually writes the ticket. The officer who didn't see the violation will issue the ticket and reference the other officer who operated the radar. Then at trial, both officers would have to testify. Obviously, the testimony of the radar operator would be necessary to sustain a conviction.

But in short, an officer in NY may issue a ticket without seeing the violation as long as he is acting on "information and belief."

Another example is when there is an accident, officers often issue tickets even though they were not there.

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