Traffic violation procedures
in Criminal and Misdemeanor Law ·
I have a few questions for the experts here, provided anyone actually has the time or inclination to answer them. 😉
Here is the situation:
Back in August 2007, my father-in-law was driving a car registered in my name.
A few days later, I received a notice from the local police department demanding that I either identify the driver or face paying the fine myself $667.😁
The letter claimed he committed two violations: driving without headlights and running a red light at a specific intersection. It’s a small town, and they really only have that one single traffic light.
The only "evidence" they cited in their correspondence was that the violation was "unquestionably established".
I didn't bother filling out their little questionnaire; instead, I sent back a brief explanation of why they were wrong.
About a month later, I got another letter from the county police, so I filed an appeal and requested that the matter be moved to the municipal court.
Following that, I received a summons from the court in that small town.
I asked them to transfer the hearing to the court in my own city so I wouldn't have to travel.
Well, today I finally got the notice for a hearing in my local court.
It’s scheduled for this Friday. 😁
So, my questions are these:
1. Can I demand that the court produce actual evidence, like photos, proving these violations occurred?
2. Am I allowed to request that the officer who supposedly "unquestionably" witnessed these infractions testify?
3. If we are talking about running a red light—which is a serious offense—shouldn't the police have reacted immediately by pulling the vehicle over on the spot? Or at least following the car down to issue the citation right then and there?
The thing is... my father-in-law insists he didn't run a red light.
As for the lights, he’s certain they weren't on because he simply forgot to turn them on, though honestly, he might not even know where the switch is. 🤷
Here is the situation:
Back in August 2007, my father-in-law was driving a car registered in my name.
A few days later, I received a notice from the local police department demanding that I either identify the driver or face paying the fine myself $667.😁
The letter claimed he committed two violations: driving without headlights and running a red light at a specific intersection. It’s a small town, and they really only have that one single traffic light.
The only "evidence" they cited in their correspondence was that the violation was "unquestionably established".
I didn't bother filling out their little questionnaire; instead, I sent back a brief explanation of why they were wrong.
About a month later, I got another letter from the county police, so I filed an appeal and requested that the matter be moved to the municipal court.
Following that, I received a summons from the court in that small town.
I asked them to transfer the hearing to the court in my own city so I wouldn't have to travel.
Well, today I finally got the notice for a hearing in my local court.
It’s scheduled for this Friday. 😁
So, my questions are these:
1. Can I demand that the court produce actual evidence, like photos, proving these violations occurred?
2. Am I allowed to request that the officer who supposedly "unquestionably" witnessed these infractions testify?
3. If we are talking about running a red light—which is a serious offense—shouldn't the police have reacted immediately by pulling the vehicle over on the spot? Or at least following the car down to issue the citation right then and there?
The thing is... my father-in-law insists he didn't run a red light.
As for the lights, he’s certain they weren't on because he simply forgot to turn them on, though honestly, he might not even know where the switch is. 🤷