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I Got a Ticket... Question For Any Officers.

FJSchmoozer

FJSchmoozer

Member
Ok... So on Thursday I was headed out to 5MP to play a little bit and I had my little brother with me. It was about 6:00-6:15 and I-15 was crazy. I got off at the Thanksgiving Point exit and headed down the frontage road there. It was all fine and dandy until I hit the turn from Frontage Rd. to State St. where it started backing up again. It was stop and go from there to Main St. When I got up to the Four Corners area in Lehi, a sheriff pulled out behind me and hit his lights, this is in stop and go traffic. I pulled over and handed him all my info. He said that he was pulling me over on behalf of Lehi and that their had been a complaint against me. He said someone had called in and said that I was swerving all over the road. He said it was nothing and not to worry about it. There was a Lehi officer on his way out and I just needed to talk to him. So the Lehi officer gets there and tells me the same things as the sheriff and that he was going to call the complaintant. He went back and called him, sat in his car for about ten minutes, and then comes up and hands me a ticket for "Aggressive/Reckless Driving" and tells me that he's not "citing" me (even though he did) and that it was between me and the guy that called it in. I fought with him for quite awhile and he said that there was nothing he could do about it. So I have a couple of questions...
Should he have given me an actual citation?
Can they actually do anything with this?
Should I be worried?
And just in case you are all wondering, I did nothing of the sort! I was stuck in traffic from the time I got off of the freeway to the time I got pulled over. It was stop and go the whole way.
 
Kiel

Kiel

Formerly WJ ZUK
So did he give you a ticket, or just a written warning? I have gotten a written warning from UHP before on something similar, it just covers their ass if you do it again. I got mine for following too close after the car in front of me slowed down to 55 in a 65 on I- 215 Eastbound after he spotted the cop and hit the brakes:rolleyes:
 
SAMI

SAMI

Formerly Beardy McGee
Location
SLC, UT
Were you in the yellow FJCruiser? Cause, those are pretty rare to see on the roads huh?

Did they claim to have your liscene plate # from the person who "reported" you?

That whole thing is fishy. Can an LEO cite you for something they did not witness you do themself?? I'd like to think they can't!!
 
FJSchmoozer

FJSchmoozer

Member
SAMI said:
Were you in the yellow FJCruiser? Cause, those are pretty rare to see on the roads huh?

Did they claim to have your liscene plate # from the person who "reported" you?

That whole thing is fishy. Can an LEO cite you for something they did not witness you do themself?? I'd like to think they can't!!
Click to expand...

Yes... I was in the yellow FJ. He said the guy had my license #, but had reported it as a yellow Rav4. He also said there was a white male driving, but he couldn't describe past that.
 
Herzog

Herzog

somewhat damaged
Admin
Location
Wydaho
Whatever you do, fight it. You accuser will have to show up and face you... I'm betting he won't even show up to court anyways so it will likely just get dropped.
 
FJSchmoozer

FJSchmoozer

Member
My father-in-law just e-mailed this to me... It's nice to have a personal injury lawyer in the family. Ha ha!

Ok, Matt:

This is the way I see it...you were a white boy with blonde hair and looked like you were "Mormon in Public"....but that is better than being "Mexican in Public". In San Jose.....many mexicans back in the 80s would get arrested for that!!!

In any event, you don't need to stress....this thing has more holes in it than smelly cheese.

You are right, the cop didn't see anything and should not have even considered writing the ticket. IT IS HEARSAY, HEARSAY, HEARSAY and therefore inadmissable evidence.

The guy that complained had a hard on for you or someone that looked like you and instead of being a good church going mormon, he decided to get your number.

You will need to ride this out.....go to the hearing and plead not guilty!!!! then get a copy of the police report from the DA's office....and then wait.

On the hearing date, this guy will have to show up, as well as the cop to justify why he wrote a ticket for something he did not see and took a complaint from someone he doesn't know and never saw!!!!!!

If no one shows up, then ask the court to dismiss the case based on lack of evidence and failure to prosecute and of course, ask for a dismissal based on 'THE INTERESTS OF JUSTICE".

If the cop shows up, you still ask to dismiss because the cop wasn't there and everything he says will be based on hearsay and the judge will stop him from talking if you tell the judge you object to the cop testifying cause he just wasn't there. In order for a cop to write a citation for a misdemeanor, he/she must be present and actually observe the violation.

If the other asshole shows up then you have tons of ammunition against him.....remember this, Cross examination is a "*****".

This means that you can ask this guy any question that pertains to his BIAS, INTEREST, TRUTHFULNESS, CAPACITY AND HONESTY......duh....this guy could be a hot head that lies, didn't get laid, is an idiot or just had a hard on for you....so, he has no credibility....what about his eye sight...how can he tell one white blonde boy in Utah from another?

This thing is a joke and I really think that it will be dumped on the first day you go to court to plead not guilty....

So, chill and play the game......after all that is all it is....

talk to you.
 
Mug

Mug

PHORmerly
Location
Orem, UT
The cop is the issuer, but any citizen can sign as witness on the ticket. Normally the witness IS the cop, because he's out on beat all day looking for crime. It's like citizen arrest. This isn't a case were someone was arrested, but we, Americans, have the right to sign as witness on a citation or arrest someone if deemed necessary.

The witness will have to face you in court like your lawyer said. But it's not out of the ordinary for the cop to ISSUE a ticket even though he wasn't there to witness.
 
jdub

jdub

Scrambler
Location
Provo, Utah.
My wife used to work insurance, and a "Reckless/Agressive Driving Ticket" counts as two accidents against your record (at least with Farmers). Your insurance may sky rocket if you don't fight to have it taken off your record.
 
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