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Officer stopped me for passing a stop sign. I believe I did stop, and will plead not guilty. What will happen in court if

Cedarhurst, NY |

I say I stopped and he says I didn't. I'm a good driver and would not pass a stop sign. When I speak to the prosecutor, does the officer also have his say? I don't know how to handle because I will be calling officer a liar and don't want to be disrespectful but I feel he needed to give tickets that day.

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Attorney answers 7

Posted

It is difficult a win a one on one court trial with a police officer's adverse testimony. It is not that you intended to pass a sign, but if in fact you did. I would suggest attempting to illustrate that the office was not in a good position to see the limit line etc. - you need to prepare by viewing carefully the scene & taking photos from different views. Probably best to consult a local traffic ticket attorney - many offer freed consultations

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Your both sound rationale and plausible explanation make sense, however, your premises will not be as effective as a competent professional presentation and case handling by a traffic attorney who routinely practices in that court. Why? Two reasons, professional skill and experience will make that counsel more effective than your explanations.
I suggest discussing your options with such local traffic counsel.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

If its your word vs the Police Officer's word...odds are his word will prevail. If you get an experienced traffic court attorney, you might have a better shot.

Michael J Palumbo

Michael J Palumbo

Posted

Not true, the state has the burden of proof so if it's your word against the cop the benefit of the doubt has to go to the motorist.

Taylor A. Koss

Taylor A. Koss

Posted

In reality, that is simply not true. It is extremely plausible that a Judge finds that the Police Officer's testimony alone establishes guilt beyond a reasonable doubt. It happens all the time, every single day.

Posted

Get a lawyer to help you negotiate and or fight the ticket. It's your word against his. Most probably his word will prevail.

Posted

An attorney cannot teach you his skills here. Hire one to ensure best results.

Posted

This is where you are wrong. The place to call the officer a liar is in court. You are doing what most people do wrong. Most people run their mouths in the street and clam up in court. The street is the place to shut up and in court is the very place to SPEAK UP FOR YOURSELF! However, you do not do it by directly calling the cop a liar of course. You focus your cross examination on his observations, biases (i.e. maybe he was on overtime or detailed to sit on the sign), and the elements of the crime. Then you get on the stand and you don't testify in any wishy-washy fashion that you "think" you stopped; rather, you testify in clear, plain, unadulterated language that you in fact CAME TO A COMPLETE STOP. This nonsense that you "believe" you stopped is a joke. Unless you can truthfully testify and affirm that you DID STOP do not testify. After all testimony, where you testify or not, MAKE A STRONG CLOSING ARGUMENT! Point out the weaknesses the the people's case/ Remember, they have to prove the case beyond a reasonable doubt - you do not have to prove anything! Good luck.

Deepali Meenu Walters

Deepali Meenu Walters

Posted

It's so easy to say "hire an attorney," but not everyone can afford to. You've given practical, realistic advice should the asker represent himself.

Posted

Hire a DMV attorney to represent you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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