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Can the police issue me a traffic ticket after an accident if they were not on scene of the accident?

Roslyn, NY |

I was recently involved in a traffic accident with another vehicle on the highway. The accident occured while switching lanes. I did not notice the blind spot on the passenger side of the car and had a collision. When police arrived on scene, they slapped me with two summones: one for hit and run and the other for wreckless driving. Considering that the police were not present when the accident happened, are they in their right to issue these summones?

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Attorney answers 3


Yes. See attached link


Yes. However, the State has the burden of proof on these tickets. You may wish to attempt to fight them in court. Obviously the officer cannot testify to any of your actions, as he did not observe you. He could, however, testify to any physical evidence at the scene that he saw that may indicate what happened. He also could testify to any statements that you made in his presence. The other driver can also testify to anything that he or she observed and anything that you may have said in the driver's presence If the other driver does not appear at the time of your ticket hearing, you may stand a good chance of deeding the ticket for reckless driving.

Since of both of these charges are rather serious, I suggest that you obtain criminal defense counsel to represent you in court at the time of the hearing.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.


Continuation. "Deeding" the ticket above should read "beating".