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In regards to strength of defense how important is it that an officer didn't witness an alleged act?

San Diego, CA |

I was walking to school holding my skateboard when suddenly an officer called me over and gave me a ticket claiming that I violated S.D.M.C. 84.12 (C).

How much of a defense do I have?

Attorney Answers 4


If the Officer didn't witness the offense, and he doesn't have anyone else who will testify that you violated the statute, then I'd say you have a very strong defense to the charge. I wonder why you think he ticketed you without seeing it?

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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As attorney Schaeffer indicated, without a witness to the alleged violation, you have a strong defense. If you are concerned about the potential punishments for this citation, it would be a good idea to contact an attorney to discuss the situation in more detail.

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I concur with the others, if there are not witnesses to the act, the only possible evidence would be circumstantial. Did someone else see you crossing against “Don't Walk” signal?

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

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No. No one saw me crossing against a "Don't Walk" signal.

William Peter Daley

William Peter Daley


Assuming that's true, and there are no witnesses I'd suggest you hire one of us good attorney's to get this thing dismissed. Most of us here on AVVO offer a free consultation so meet with a few and see who you would like to work with.


Potentially a good one. Consider hiring a locally experienced attorney to fight this for you.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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