I never heard of this. An officer came to my home and rang my bell. He asked me if I had been driving recently. He said a another driver complained about my improper lane usage. He wrote me a ticket and the woman who complained, signed her name on the signature portion of the ticket. The officer said I have to show up for court and tell the judge my side of the case since he was not a witness. Has anyone in Illinois ever heard of this?
2007-03-27 13:20:00 · 10 answers · asked by Curiousgeorge 1 in Politics & Government ➔ Law Enforcement & Police
I appreciate everyone's input, but when I called the Police Dept. in my township, I was told this was legal. The woman dialed 911 which the officer I spoke with gave probable cause. She claims she followed me to my home and I have the make of the car and when the officer asked me to come outside, she identified me as the person. The report said formal complaint pending. So, I guess I am just stuck taking the day off of work and going to court to confront this women; if she shows up.
2007-03-28 03:57:20 · update #1
Got some more info. I did get in contact with an attorney since one of my friends knew him and he explained how my rights were violated. I didn't know that since I was in my home, I didn't have to answer anything, nor give my Drivers License. The woman can be sued for calling 911 for a non emergency number for her perception of improper lane usage. In addition, he couldn't believe the officer even entertained this situation. I won't even get into how the officer was so disrespectful to me. So, I got my license back and posted bond at the police station , which is another thing I didn't know I could do. I was just in such shock that all of this happened to me. It seems surreal.
2007-03-28 13:38:11 · update #2
Do not pay the ticket go to court. Is she an expert onlane changing? You will have the opportunity to question her.
2007-03-27 13:30:53 · answer #1 · answered by professorc 7 · 1⤊ 0⤋
Sounds like a big pile of road apples. Infractions, which is what a traffic ticket is can only be done by law enforcement. Call the department where the ticket was issued and find out if the ticket is valid. If it is go to the police department and ask about starting "discovery" in your court case. In that situation you would be given the affidavit that she swore out against you. If there is anything in there in the slightest that is not true, you can swear an affidavit out against her for perjury which carries a much higher sentence than improper lane change. Talk to local law enforcement about the situation. I am sure that an understanding can be reached before everything goes critical mass. Sorry about your b.s ticket.
2007-03-27 14:01:29 · answer #2 · answered by sarpedons 3 · 0⤊ 0⤋
The lady is not a law enforcer, and I am pretty sure the judge will not look at this case seriously. The Officer should have not done that...he is the law enforcer and he must witness you committing the traffic infraction, not another person. If that was allowed people would be getting tickets ALL THE TIME!
2007-03-27 13:28:42 · answer #3 · answered by br0hamus 2 · 1⤊ 0⤋
The officer will not be able to testify in court as to the evidence of the charge. The only people who will be able to give evidence are you and the "witness".
The officer can't even testify that it was actually you that committed the offense, or your car, or that you were even in the neighborhood at the time.
It was legal for him to do it that way, but theses problems are exactly why it's seldom done.
Good luck!
2007-03-28 03:28:31 · answer #4 · answered by Hootiesplace 3 · 0⤊ 0⤋
sounds like some bs to me, but use your right to confront your accuser. if she doesnt show up, youre all good. if she does, follow her and make a complain in retaliation. i dont think the conviction should stand, as it is one citizen's word against another. if the traffic courts are like criminal courts, the officer's testimony is basically useless because its hearsay, and then its just your word against the ladys.
2007-03-27 13:28:01 · answer #5 · answered by nuff 3 · 0⤊ 0⤋
Happened to a friend of mine in MI. Its like a citizen's arrest. Easy to fight you'll probably get off, but it is a riddiculus waste of time. Unless said person has proof (innocent until proven guilty) that you did what they say you did, then you're off. Problem is you have to waste your time in court over it.
2007-03-27 13:26:12 · answer #6 · answered by vospire s 5 · 1⤊ 0⤋
This is unheard of, because an officer who issues the tick swears by oath that he saw you committing the offense, which he cited you.
2007-03-28 00:50:55 · answer #7 · answered by WC 7 · 0⤊ 0⤋
I will assume the "lady" is charging you and she will have to testify in court, OF course if you are found no guilty, you may be able to sue this lady for your time and loss income.
2007-03-27 13:24:32 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Another power-mad cop.You should have told him to come back with a warrant and closed the door in his face.
2007-03-27 14:42:01 · answer #9 · answered by King pin 2 · 1⤊ 1⤋
Yes if it was a citizens arrest situation
2007-03-27 13:27:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋