Has anyone ever contested/denied a police charge?

Question

ive jst recently been issued a fixed fine n 3 points for suposedly using my mobile while driving. i didnt do it but Mr police officer thinks i did. jst wanted to knw has anyone ever contested or denied a police charge and taken it further to court, what happened, how was it, what was result, what sud i b aware of?

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Answer 1

yes! deny it! even if you were gulity! most of the time a cop wont show up in court, and then if he does, he has to prove beyond a reasonable doubt that you were on the phone. my ex recently fought a mip charge cuz the car was mine and the alcohal was in my trunk, she won. i actually beat a speeding ticket years ago with the police not appearing. and i beat a dui 10 years ago, on legal technicalities. always, always, always, plead not gulity, especially if you are innocent. the court is very backed up all the time, everywhere, and the judge and prosecuter bank on 90% of the cases being handled outside of court (plea bargain). you should not get 3 points for this offense anyway, id lie my tail off if i were gulilty, that is such a pathetic law of its own. im sure you're innocent, but even if you were'nt the beauty of the u.s. judicial system is, "you are innocent until proven guilty", although sometimes you have to get out of jail to prove your innocense. good luck-zac

Answer 2

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Answer 3

Certainly you can contest the charge, that is what the courts are for. Your citation should have a court date on it. If it doesn't, call the clerk of court to find out when you can or are to appear.
When you get to court, more than likely it will be traffic court, you will find a judge, the citing officer, and a prosecutor. You don't have to have a lawyer, all that is at risk here is fine money and license points. The judge will read you your rights, explain the charge to you, and ask you for a plea. You plea, "Not Guilty". The prosecutor puts the officer on the stand and the officer will testify that he saw you using your cell phone while driving.
Your word that you were not doing that will be ignored by the court. The officer's testimony will be accepted over yours. You must PROVE you were not using the phone. How do you do that?? You go get a copy of your cell phone bill. It should show the DATES and TIMES you used the phone. If you did not use the phone on the date or at the time the citation was issued the judge will find in your favor.
Go for it Perry Mason. . .

Answer 4

Yes when my son was interviewed and conned into saying the tapes he had bought were so cheap they must have been stolen. At first I was told I could not read his statement, only his legal Representative could do that, so I identified myself as being just that I am his father and give him advice, some of it legal. Then I showed a printed flyer from a local shop with prices way below what he had paid. The policewoman concerned did some stuttering and later the charge of receiving was dropped. He was admonished by a senior officer and bears no mention of the occurrence on any of his records. My advice is, never make a statement unless you understand the charge and you write it yourself. Never answer questions and allow someone present to put it in their words what you are saying and then sign it. No, give yourself time for thought. Don't tell lies, but be careful how you tell the truth..........

Answer 5

Any time someone is tried in court, they are contesting and denying a police charge. So, yes, lots of people have.

The basic standard rules applies whether you're talking about traffic court or any other criminal court. The govt (prosecutor) must prove all elements of the offense beyond a reasonable doubt. You can also present evidence in your defense.

The question is -- who is the judge likely to believe, it it comes down to a pure case of he-said-you-said?

Your best bet would be to get copies of your cell phone records. If you can prove that your cell phone was not in use at the time the police officer gave you the ticket, that might convince the judge.

Answer 6

Contest it and demand proof. Unless they have photographic evidence it is a question of your word against theirs, and generally in a magistrates court they will side with the police officer.

However if I were in you position I would go to the police station and make a formal complaint about the police officer, making a false complaint against you.

Then if they do not back down, your complaint against the police officer must be taken into account in court. Guilty people do not often make a formal complaint.

Ask the police officer, if he has been given targets to meet on reporting people for using mobiles while driving, and does he stand to gain financially by meeting these targets?

Ask before the court case and I think you'll find they may well back down.

Answer 7

This will go to traffic court. It will be your word against the officer and there will be a presumption by the court that the officer is telling the truth. However, always fight every ticket. You can only win - the officer might not show up and usually the judge will drop the points or the fine just to make a compromise.

Answer 8

People do it all the time. If the cop doesn't bother to show up to court the case will be dropped for lack of a witness. If you truly did not commit the offense, go to court. I've seen countless parking tickets dropped because law enforcement doesn't bother to show in court. You might want to gather some evidence or other witnesses before hand in case the cop does show. That way you can tell the judge that with a contiuance you would be prepared to offer evidence and testimony in your defense.

Answer 9

If you contest, be prepared to prove your case. The arresting officer has to prove his case as well. They may have pictures. However if you really weren't on you phone then no worries. You usually have to pay the fine and plead not guilty and then set a date to go to court. If the officer doesn't show up, you automatically win your case and get your money back.

Answer 10

Yes according to a previous post you can lie all you want, but if your found guilty you will get a larger fine and the court costs you will have to pay will be alot larger. Witnesses have to be called causing delay to the process and theses people can also claim expenses part of which you may have to pay for. So if you are going to do it get you facts right. If you have a witness and he is lying and gets caught out he/she is off to jail full stop and you should really think about that.
If you genuinely believe you weren't using your phone then go ahead and plead not guilty, it's your right.