| snugs |
I've got a court date coming up for a failure to yield ticket and I'm just covering off all of my bases.
What happened:
http://forums.780tuners.com/showthr...;threadid=16856
The question here is that the officer who I spoke to was not the guy who issued the ticket, so when I get to court does the guy I spoke with have to be there also or can the rookie just quote his notes and say that the other officer told him this or that.
The reason I'm asking is that I never told the officer that I was guilty, but I wouldn't be surprised if the young guy claims that I admitted to the offence. :confused: |
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| TrevorK |
I think this scenario would be similar to when the have one guy man a radar gun, and the other 3 give out the tickets as per the radar guy's request?
I assume the guy manning the gun (Or in your case, the guy who witnessed your failure to yield) would have to be the one present. |
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| snugs |
quote:
Originally posted by TrevorK
I think this scenario would be similar to when the have one guy man a radar gun, and the other 3 give out the tickets as per the radar guy's request?
I assume the guy manning the gun (Or in your case, the guy who witnessed your failure to yield) would have to be the one present.
I was under the impression that the officer who signed the ticket had to be the one who showed up, but I honestly don't know what the procedure for this type of thing is. :dunno: |
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| snugs |
From the overwhelming response I think there might need to be a little clarification on this question.
For example, in court can the rookie base the ticket on his notes, or would his senior officer have to be there as well. And if rookie does try to roll with just his personal notes do they have to signed by the other officer in order for them to be admissable? Because if the other officer who took my statement did not sign them and rookie refers to my statement, then rookie's claims about what I said would simply be heresay (sp?). |
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| oldraven |
| No idea man. I've never been summoned to court, so I never had the need to ask. :( |
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| snugs |
quote:
Originally posted by oldraven
No idea man. I've never been summoned to court, so I never had the need to ask. :(
You should go, I hear its quite entertaining..... just watch out for open elevator shafts. ;)
LOL, we need to get us some lawyers on this board, then we could learn the greater nuances of the law instead of just complaining about exhaust tip diameter. :p |
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| TrevorK |
quote:
Originally posted by snugs
You should go, I hear its quite entertaining..... just watch out for open elevator shafts. ;)
LOL, we need to get us some lawyers on this board, then we could learn the greater nuances of the law instead of just complaining about exhaust tip diameter. :p
I'm sure if whoever runs this site pony'ed up the $200+/hour for a lawyer to answer questions you'd get quite a few answering questions ;) |
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| snugs |
quote:
Originally posted by TrevorK
I'm sure if whoever runs this site pony'ed up the $200+/hour for a lawyer to answer questions you'd get quite a few answering questions ;)
....$200/hr???.....this site needs to buy a photoradar van. :lol:
Ok, back on track, no more silliness. Who's got an answer? :) |
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| albertarc |
quote:
Originally posted by snugs
....$200/hr???.....this site needs to buy a photoradar van. :lol:
Ok, back on track, no more silliness. Who's got an answer? :)
Okay. I'll jump in here.
For speeding tickets the member that operates the radar / laser has to be in attendance & will give his / her evidence as to why he believes the accused was speeding. The person who wrote the ticket can send an "Affidavit Of Service" to the accused which states that he was told which vehicle to stop & did so etc.
As for any other type of ticket both the observer & the server have to be in attendance as there is no Affidavit for this scenario. If the officer that witnesses the offence writes the ticket then he / she is the only one required to give evidence.
One thing to remember ... I have read on this forum where people expect the police officer to be at the Court the date shown on the ticket. This is just known as the "First Appearance" & the officer is not required.
Hope this answers some questions ... clear as mud??
Jimbo:blink: |
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| snugs |
quote:
Originally posted by albertarc
Okay. I'll jump in here.
For speeding tickets the member that operates the radar / laser has to be in attendance & will give his / her evidence as to why he believes the accused was speeding. The person who wrote the ticket can send an "Affidavit Of Service" to the accused which states that he was told which vehicle to stop & did so etc.
As for any other type of ticket both the observer & the server have to be in attendance as there is no Affidavit for this scenario. If the officer that witnesses the offence writes the ticket then he / she is the only one required to give evidence.
One thing to remember ... I have read on this forum where people expect the police officer to be at the Court the date shown on the ticket. This is just known as the "First Appearance" & the officer is not required.
Hope this answers some questions ... clear as mud??
Jimbo:blink:
Thanks Jim! Its still not 100% clear, but I think we're getting there.
This isn't the first appearance, this is the trial I'm talking about. The first appearance was a long time ago.
This just isn't your typical situation here due to the way the officers handled it. I believe the young fellow saw what he thought was an offense, but he was not the one who spoke with me.... but he was the one who wrote the ticket.
So:
- Partners witness "offense", stop is made.
- Veteran questioned me and took my info while rookie inspected my bumper.
- Veteran goes back to cruiser while rookie demands my passenger's (wife) ID.
- Rookie goes back to cruiser, writes ticket, returns my ID and issues ticket to me.
- Veteran returns wife's ID.
Now, since they pulled a switcheroo, if the young guy shows up at the trial and tries to cite his notes regarding anything that I said to the other officer is that testimony admissable or does he have to have some sort of official document signed by the veteran officer? :dunno: |
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| albertarc |
quote:
Originally posted by snugs
Now, since they pulled a switcheroo, if the young guy shows up at the trial and tries to cite his notes regarding anything that I said to the other officer is that testimony admissable or does he have to have some sort of official document signed by the veteran officer? :dunno:
Normally anything said by an accused to a police officer when not cautioned (Rights To Counsel read & opportunity to talk w/ lawyer etc) is usually not allowed as evidence. Therefore as long as the rookie member can state what he observed (driving offence) & that the person he wrote the ticket to was the driver ... that should suffice. The veteran officer may attend as well as he is also a witness but it's hard to say.
Good luck!!
Jimbo:fingersx: |
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| snugs |
quote:
Originally posted by albertarc
Normally anything said by an accused to a police officer when not cautioned (Rights To Counsel read & opportunity to talk w/ lawyer etc) is usually not allowed as evidence. Therefore as long as the rookie member can state what he observed (driving offence) & that the person he wrote the ticket to was the driver ... that should suffice. The veteran officer may attend as well as he is also a witness but it's hard to say.
Good luck!!
Jimbo:fingersx:
Thanks Jim. This should be an interesting one if nothing else. :) |
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| dance_of_curse |
quote:
Originally posted by snugs
You should go, I hear its quite entertaining..... just watch out for open elevator shafts. ;)
some of my friends knew that guy...i didnt though....:rolleyes: |
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