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by Anonymous on July 25th, 2005

Anonymous

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I was cited for reckless driving and a driving without privileges from a complaint that was called in. The police did not see anything. I was cited while the car was parked with no keys in the ignition. Can I get fight this citation?

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Answers. 4 helpful answers below.

  • by Encyclopedia_John on July 27th, 2005

    Encyclopedia_John

    I would stongly suggest that you go to traffic court. The judge may dismiss the charges.

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  • by Answer Guy on July 26th, 2005

    Answer Guy

    Assuming both charges you potentially face are misdemeanors, the officer could not arrest you for the offense, since it was not committed in his presence. He can issue a summons (citation) for you to appear in court, however. He could have submitted a report to the prosecutor's office and an arrest warrant could have been issued for you. The fact that you were given a citation twenty minutes later doesn't have any legal bearing on whether you can beat the charges. The citation itself is merely a way to notify you of potential charges against you and a promise to appear in court. How you were located, identified and ultimately cited may factor into proving the charges.

    The underlying question of beating charges - if charges are filed against you by the local prosecuting agency, they would have to prove each element of the offenses beyond a reasonable doubt and that you were the one responsible.

    For reckless driving, they would have to prove (and this is a paraphrasing of California law for example) that you drove with willful and wanton disregard for other persons or property on the road. For driving on a suspended license, they would have to prove that you were the one driving, that your license was suspended at the time and (depending on your state law) that you had knowledge that your license was suspended.

    Obviously, the main witness would ordinarily be a police officer that witnessed the driving. In your case, the prosecution could still call witnesses (civilians) who saw you driving recklessly and prove the charges. Same thing with proving the identity of the driver (you). As long as the prosecution can present evidence sufficient to convince the court (or jury) of your guilt, you'll lose. If they fail to prove it somehow (for example - the witness couldn't tell who was driving and the prosecution couldn't prove it any other way, such as by a statement you may have given to the police that you were the one driving during the time in question), you beat the charges.

    Sorry for the long-winded explanation. Hope this answers your question.

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  • by Anonymous on January 3rd, 2006

    Anonymous

    Police issue citations routinely, for violations they did not witness, but have private prosecutors. this occurs most frequently in auto crashes, where one driver will sign a driving violation against the other for being at fault. both drivers can sign cross citations, if both claim the other was at fault. remember, sometimes police officers are just representatives or agents of the law. people have people arrested everyday for torts against their property and person. in this case, the officer was acting as an agent of the government. your fight is with the prosecutor, not the police officer.

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  • by Anonymous on November 8th, 2005

    Anonymous

    It would be entirely proof on the complainant, not the officer. if you have witnesses to the contrary, take them to court with you. after all, its your word against the other party. the officer, in this case, is just the messenger doing what the law requires him to do....just what he did.

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