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Speak Up! - View Question #462 |
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Question: I received a ticket for jaywalking. A school employee told the police officer at my school. He ticketed me. Is it legal for a officer to write a ticket for a crime he didn’t witness?
Answer: Yes, an officer has the authority to issue citations to anyone he or she has probable cause to believe committed an offense. You then have the right to go to court to challenge the ticket/citation. The state must prove that you did what the officer said you did.
Although it is unusual for an officer to write a ticket for a traffic-type violation without seeing it, it does happen. For example, if you are involved in a traffic accident, the officer will come out and interview anyone involved or who saw what happened. Based on their statements and any evidence he or she can find, like skid marks, they can ticket anyone they believe broke the law. If a car passes a school bus when they are stopped for kids, the bus driver or any other witnesses can call the police and provide them with information on the vehicle (license plate number and description of the driver). An officer will then investigate the call and either cite the driver or the owner of the car. Again, if the ticket is challenged, the state will have to prove what happened.
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| Comments |
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On 07/01/06
Tim from AZ said:
I got caught by a cop for jay walking and he asked for my state issued id. I dont own a state issued id but i had my social security card, my school picture ID and my medical card but he still ticketed me for jay walking and then held me in juvenile for 24 hours for with holding identification, after i showed him all the other cards i had! Can i take this to court!
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On 05/16/03
dsfgdg from CA said:
I do not know the laws of arizona but in california a peace officer does not have the right to give you a ticket if the offense was not was a misdemanor not commited in his present. For Ex: some one sees you not stopping all the way at a stop sign and tells the police, they may not stop you and give you a ticket
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On 01/09/03
Tabatha from OH said:
I think that the person should have gotten a ticket because somebody could have gotten hurt or into an accident. so yes you should have gotten that ticket.
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