Wreckless driving ticket, cop wasnt even there!
#42
What if the alleged witness (neighbor) shows up and testifies to a bit more than engine revving? Depending upon what that testimony entails, would the Judge be allowed to give it sufficient weight to convict? The answer, of course, is YES.
#43
well this is a first.
i have received my share of tickets over the years and deservedly so. no reckless driving, racing or things like that though.
i have never seen nor heard of someone getting a ticket where the cop knocks on your door and hands you one because some person claimed you were breaking some traffic law other than dui hit and run (happened to me, guy hit me and left the scene but witnesses got his license plate and he had a damaged vehicle) where there were witnesses and physical evidence..
why dont you call the cops and claim the neighbor was running about the neighborhood nude or similar ... get the guy charge with indecent exposure...
i have received my share of tickets over the years and deservedly so. no reckless driving, racing or things like that though.
i have never seen nor heard of someone getting a ticket where the cop knocks on your door and hands you one because some person claimed you were breaking some traffic law other than dui hit and run (happened to me, guy hit me and left the scene but witnesses got his license plate and he had a damaged vehicle) where there were witnesses and physical evidence..
why dont you call the cops and claim the neighbor was running about the neighborhood nude or similar ... get the guy charge with indecent exposure...
#45
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Reading this there has to be something more to the story then just revving your engine. I can only speak for the state of California but reckless driving is a misdemeanor charge and not an infraction. I am sure the attorney will a request a copy of the police report to see what the other party stated that warranted a reckless driving charge.
#47
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Some thing is fishy here like the op is not telling the whole story or leaving something out. I don't buy any cop doing this for the reasons op is stating. Just to far fetched.
#48
Drifting
However OP, have that ticket handy so if he does testify, and starts making up this and that, you can ask him quite plainly "Why didn't you report that then?" As a complaintant, he has to know what you did wrong. As already stated, how does he know how fast you were going or what rpm you were at? Does he have training? Your exhaust is 50 state legal. He has no case.
But have it documented thoroughly, because odds are he will have a vendetta when he looses, and counter him with harassment if something happens again.
Personally I'd send him one of those cards that also plays a sound when you open it. Get him one of a sports car doing a burnout...
#50
#55
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Hi, Lionel Squint here, of Ben, Dover & Squint, Internet Attorneys at Law. We dispense legal advice over the Internet free of charge and it is worth every penny! Just post the rationalizations, er, FACTS of your case here and we will give you our best advice. As always, you can trust everything you read on the Internet. Remember our motto, "They couldn't say it if it wasn't true!"
#56
Instructor
#57
Melting Slicks
Those who say there is more to this story are going to be found correct. Not saying the OP isn't being truthful, just saying he didn't get all the facts/perception.
In some jurisdictions a citizen can sign a traffic ticket. The citizen must be prepared to prove it in court. There should be a reasonable degree of probable cause for the ticket.
The officer isn't involved other than delivering the ticket (affidavit) and having the citizen (affiant) sign it. Court takes over from there.
In my opinion, the ticket should have been signed by someone when you received it. You deserve to know who said you did what.
No different than if your neighbor's dog constantly barks and all measures to stop it have failed. You file a report and sign charges.
Officer didn't need to be there. When you're involved in a traffic accident, as an example, the officer isn't there and doesn't have to witness a violation but after talking to other drivers and witnesses you still can receive a ticket.
Good luck with it.
In some jurisdictions a citizen can sign a traffic ticket. The citizen must be prepared to prove it in court. There should be a reasonable degree of probable cause for the ticket.
The officer isn't involved other than delivering the ticket (affidavit) and having the citizen (affiant) sign it. Court takes over from there.
In my opinion, the ticket should have been signed by someone when you received it. You deserve to know who said you did what.
No different than if your neighbor's dog constantly barks and all measures to stop it have failed. You file a report and sign charges.
Officer didn't need to be there. When you're involved in a traffic accident, as an example, the officer isn't there and doesn't have to witness a violation but after talking to other drivers and witnesses you still can receive a ticket.
Good luck with it.
Last edited by corvette dave; 10-28-2013 at 10:55 PM.
#58
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I'd like to know how close to the street is the mailbox? And, how close was he to your car? it may only be that you startled him.....most people are not looking around when they pick up the mail, you know, they are flipping through the letters, etc. Truth is a motorcycle is as loud or most likely louder than your C7, and you should bring that up in court....those bikes have been getting away with super annoying pipes for decades while cars have been straddled with EPA regulated systems. I am assuming GM met all standards for exhaust noise in order to make the vehicle available for sale to the public. Does the manual state anything about track mode being illegal from a noise standpoint? This is a sticky situation, but if you can show the car meets all federal guidelines you should have no issues in court.