My co-worker received a ticket by an officer who came to his home from someone who reported that he cut them off. A cop was not on this street and wasn't there. How is this possible?
The sworn testimony of a witness is evidence. if they have a witness willing to come to court and testify as to observed conduct that violated the traffic code, they can certainly write the ticket. If your friend disputes the allegation, he can plead not guilty, the case will be set for trial, and he can tell his side of the story to a the judge. If he is serious about contesting the ticket, he should consult a local traffic lawyer.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Traffic violations, as with crimes, can be reported by private citizens who are not law enforcement officers. The ultimate issue may come down to credibility, but testimony by an eye witness can be enough for a ticket to be issued, and for a guilty verdict at trial.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Third party complaints leading to traffic citations are rare but still authorized under the law. However, your lawyer should be able to negotiate a favorable resolution for you, so long as you do not have a bad record, without a trial, since the witness/complainant is likely to lose interest over time.
Answering this question does not make me your attorney, but you can post comments or ask for clarifications via the links supplied in AVVO attorney profiles. You can also see past answers to similar questions over fifteen years at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon See more answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency .
My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do.
This is not an uncommon occurrence. However, because the officer did not witness the incident, only if the reporting citizen is willing to testify, could the prosecuting authority meet their burden of proof. Good Luck.
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