Can a Cop issue a Traffic Ticket without actually Witnessing the Accident?
Not only can this happen but it routinely happens. Although it happens on occasion it is a fluke for a Cop to actually witness a traffic crash, and cops arrive at 99% of traffic accidents after the fact. When this happens they are tasked with the chore of piecing together what they believe happened (which usually amounts to nothing more than a half-assed accident reconstruction) and this is accomplished by a) taking statements from witnesses and b) coupling that with their own visual observations in light of their relative experience.
Afterward they will issue tickets, with careless driving or following too closely being the most commonly issued citations.
That said, issuance of a ticket does not mean a conviction.
Although they can say what they saw (usually not what they heard), the cop cannot testify as to what happened (as s/he wasn’t there and has no first hand knowledge). Thus the Court must have competent and substantial admissible evidence from actual witnesses, which may or may not exist. and who may or may not appear in court.
No matter what the case I always advise folks to hire a traffic lawyer rather than attempting to go it alone. There is a solid reason for Abe Lincoln’s quote that he who represents himself has a fool for a client. Please don’t be that fool.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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