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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


  1. 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 www.jslaw.org 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.


  2. 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.


  3. 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 www.lawofficeofwilliamdaley.com


  4. 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