This involves my mother, 87 years. She was making a left turn and got into the left turn lane too early. An oncoming car blew his horn; my mother realized her mistake, moved into the lane on her right, then made her left turn correctly. Unbeknownst to my mother, the “oncoming car” followed her to her destination (a friend’s house). About two minutes later, a police officer came to the house and gave my mother a ticket for reckless driving. The officer said the driver of the “oncoming car,” who said he is a doctor, insisted that the officer issue the ticket to my mother. She has a court date on Aug. 8.
One, can a citizen insist that a police officer issue a ticket when the police officer wasn’t present at the scene of the “violation?”
Two, should my mother hire a lawyer?
Three, I’m urging my mother to plead “not guilty.” Is this the right thing to do? She’s not a reckless driver. She made a mistake (probably because it was a new route for her as her regular route was under construction).
Four, my mother has a 100% clean driving record. No tickets, no accidents. Is she in danger of losing her license?
2007-07-16 06:30:16 · 15 answers · asked by scooterpionus 1 in Politics & Government ➔ Law Enforcement & Police
My mother is also in her late 80's, and honestly, I am VERY glad she does not drive..reflexes change as people age. Some are much better than others, but this was a pretty big mistake! If my teen made it, I would have made sure that they only drove with another driver in the car for awhile..
Your mom is guilty of reckless driving, no need for an attorney..if you feel that her reflexes are perfect, and she is safe to drive with your own baby in the car, I would go to her family doctor, and have him write a statement attesting to her ability to safely drive. You might also contact a driving school and have them road test her, take the results into court with you as well.
Sounds like she got out of the way in time..this time, the "oncomming car" was right on the money, he may have saved her life!
2007-07-16 06:38:27 · answer #1 · answered by kat k 5 · 1⤊ 0⤋
Well lets put it this way, first of all you don't state what state your mother was driving in. In NYS a PO can't write out the ticket for traffic violations unless they themselves see the violation. It is the PO who must observe the violation because it is they who are swearing out the complaint.
Now an officer can write out the summons and the observer would have to sign the ticket. Also it would have to be accompanied by what is called a supporting deposition.
Was it the officer who signed the ticket?
Mom should before appearing in court ask for a supporting deposition. She is entitled to that before she goes to court.
Make sure she reads it and you read it too. Then bring it to a lawyer. IF the officer states that he observed the violation and you know he did not the officer has committed perjury. This is a criminal offense.
But my advice is have a lawyer look and read the deposition.
Good Luck
2007-07-16 15:59:07 · answer #2 · answered by majean52 3 · 0⤊ 0⤋
There is no legal requirement for the officer to view the violation. This happens quite a bit with accidents, but in this case there was none. In this case, the officer wrote the citation on the information given by the other driver. Apparently, he found that person credible. I suspect he somehow knew this person from prior contacts. The officer will not be able to testify in court as to what the other motorist said, due to the hearsay rule you mentioned. The officer can, however, have the other motorist appear in court. At that point, it will be your word against the other motorist, and the court will decide. As far as why you were not offered to tell your side, I have no idea. I think it is a good practice to hear both sides.
2016-05-19 02:29:54 · answer #3 · answered by ? 3 · 0⤊ 0⤋
I would say definately tell your mom to get a lawyer. Of course, the other party looks credible because he's a doctor, but you're right, the officer wasn't present at the time of the "offense", and it sounds like the guy who reported it didn't stick around when your mom was issued the ticket. Simple mistakes like that happen all the time, and this is the first I've heard of someone taking it to such an extreme. I'm sure the lawyer will be more than happy to fight the case for your dear-old mother. :) Good luck.
2007-07-16 06:34:31 · answer #4 · answered by smallcola642 2 · 2⤊ 0⤋
If she wants to fight the ticket, yes, she should hire a lawyer.
The doctor who observed her mistake probably was taken seriously because part of his practice is evaluating the well-being of his older patients, including when their driving skills have failed enough that they should no longer drive, or drive only during daylight.
At age 87, it's unlikely your mom's skills have not degraded to some degree. Surely her reaction time has slowed (mine, too!), but if she is making errors in judgment like entering a lane for oncoming traffic, thinking it's her turn lane far too early, then she may be asked or required to surrender her license. The attorney she hires will help the court see that this is not her usual driving mode far more effectively than she will be able to on her own.
The judge will determine whether she loses her license. He may require additional testing to determine her fitness behind the wheel, or a class or course for coping skills in the face of deteriorating abilities as a driver.
This seems the perfect opportunity to discuss with her what criteria will determine when she should no longer be at the wheel. It's a tough thing to deal with for driver and offspring alike.
2007-07-16 06:40:05 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I'm all for ticketing reckless drivers, but only if there's an officer there to witness it (or in case of an accident, in which case reckless driving is revealed in investigation).
Who the f**k does this doctor think he is?! Your mom should not say another word about it and should accuse the doctor of harrassment, and press charges to that effect. I can't believe an officer issued a ticket in this circumstance - heck, your mom should have accused doctor of same and demanded one be issued to him.
Yeah, she'll need a lawyer.
2007-07-16 06:34:46 · answer #6 · answered by ? 6 · 1⤊ 0⤋
I feel sure this will be thrown out of court. Plead "not guilty".
I can't believe an officer would do this and not witness it.
I stopped an officer once and reported a drunk who almost ran me off the road, only 1/2 mile back.
He refused to even trace the route. He told me he couldn't do that because a person could have a grudge and just report someone maliciously.
2007-07-16 06:42:25 · answer #7 · answered by ed 7 · 0⤊ 0⤋
1. Yes a citizen can, but they must be prepared to appear in court.
2. I would at least talk to one about this.
3. If she was within a reasonable distance from her turn she shouldn't plead guilty.
4. No
You might speak to the City/County attorneys office about the ticket, they might reduce the offense to something smaller in return for a no contest and a small fine.
2007-07-16 06:39:58 · answer #8 · answered by Edward F 4 · 0⤊ 0⤋
Well, considering her age it may be hard to convince others that this is a random occurrence. But if she truly is a safe driver and it was an honest mistake then i see no problem. I think an officer has to be present or arrive on seen to dispense a ticket, or else its unfounded allegations based on hearsay for as much as the police know.
I'd fight it. A careless driving isnt that bad of a ticket, but its worth fighting.
2007-07-16 06:36:15 · answer #9 · answered by Ken O 4 · 1⤊ 1⤋
It's a catch 22 situation as the police officer must catch or have camera footage otherwise he or she is breaking the law
2015-08-01 01:21:11 · answer #10 · answered by new_bumble_bee 7 · 0⤊ 0⤋