Can an officer issue a ticket when he never witnessed the event?

Question

Can an officer issue a ticket for "Failure to Yield the Right of Way" when he was never at the scene of the event or saw it. He simply wrote the ticket based off another party involved in a car accident?

Answer 1

It is called an "Investigation". Based on eyewitness accounts, and physical evidence at the scene of the accident, an officer can and does issue citations based on such investigations.

Answer 2

The answer is, it depends on the State in which this happened. In NY, a Police Officer can issue such a summons if the person was involved in an accident based on 2 manners.

Either the officer must be qualified as an Accident Investigator or the violation must be written into law.

Example: NYS Vehicle & Traffic Law Section 1142, Subdivision b - The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for existing conditions, or shall stop if necessary as provided in section 1172, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. Provided, however, that if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

Answer 3

Under the circumstances you state, yes. Apparently, his investigation of the accident led him to conclude you failed to yield the right of way.

If there had been no accident; someone just told the officer that you blew a stop sign. Then no, the officer would have had to see that violation before issuing the ticket.

Answer 4

If He's the investigating Officer of the accident and finds that the person violated the law, Most Definetly, as He's considered by the State to be an expert witness.

Answer 5

If it was the result of an accident investigation, yes. He has to testify to the charge and would not have written it if the evidence of the accident did not support it. In other cases, he can still write it on the word of a credible witness.

Answer 6

training and experience tells them a lot before any person involved in the accident even opens their mouth. Fact is, if it was your place to yeild right of way, and there is an accident that pretty much says you did not yeild properly.

Yes they can issue a citation without being present to witness the act.

Answer 7

If an accident happens and evidence clearly indicate that there was a failure to yield on your part, yes, he can do it based on the evidence.

Answer 8

Yes.

I recently had jury duty where the defendant was largely on trial due to a person who saw him swerve, then followed him for several miles after calling the police.

We ended up voting not guilty on 4 of the 5 counts.

Answer 9

I think you can tell from an accident scene who was at fault. Last year, when I had my accident, it was due to someone making an improper left turn and cutting me off extremely short--and she got cited.

Answer 10

Of course... All he needs is probable cause, meaning its more likely that you did do it, then that you did not. If your car is wrapped around a pole, and you are inside of it, then its probable that you failed to control your motor vehicle. If that is not the case however, then that is what the courts are for.