I was driving on 287 south at 9:30 am end of rush hour 10/22. I was doing the speed limit. I was pulled over because other drivers said I was racing a black mustang. The mustang was no where to be found and I was pulled over on hearsay and given tickets( careless driving/following too closely) the mustang was never pulled over. How do I fight this.
Unfortunately the reason why you were pulled over is not hearsay. That doesn't mean that you don't have a defense for the case as a state must prove your actions. Get yourself a good lawyer and most of this will probably go away. You're facing seven points on your license which means that even if you have no points now your insurance will increase drastically and you will pay state surcharges. Most of us traffic ticket lawyers offer a free in office consultation I suggest you set one up ASAP.
The phone calls from motorists to the police will not be hearsay, there is an exception for statements made notifying the police of an emergency in the moment.
They were drawing the attention of officers, who then observed your alleged speeding/careless driving. Now, if the office says he wrote the tickets based on the observations of the people who called and not his/her own observations then there is a problem. I was a cop for 15 years and I'll tell you this, you'll never get them to say that, because they would be stupid or insane to do so.
Best to contact an attorney ASAP, those are monster tickets.
The police are permitted to pull you over based on the reports of other drivers. Getting a conviction in court is another story. The best way to fight this is to hire an experienced traffic ticket attorney.
The stop is legit. But the cop can only prove what he saw not what others saw. The State can call the witnesses if they have their names. You need to get the radio transmissions. Normally the cops do not write a report on a moving violation. But you are entitled to know the evidence against you. The Troops have mvrs also that should show how you were driving for a bit before stopped. Use an attorney.
My answer: with experienced counsel this is a very winnable case. Period.
At AVVO we are here to help. Thanks.
Hire a lawyer. You were pulled over based on an anonymous tip. There's no way you can file the motion to suppress and argue the applicable case law without knowledgeable and experienced legal counsel.
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