Reckless Driving ticket based on citizen statement?

Question

My husband and I were on our way to meet some friends and when we stopped at the location we were met by a police officer (which turned into 4 police cars!) and they advised him that a citizen had called in a complaint saying he was driving recklessly.  I was in the vehicle with him during the time that was referred to and there is NO WAY he was driving recklessly.  They issued him the ticket for reckless driving based on a statement made by a third party citizen, they also said they couldn't release what the statement said.  So now we have to deal with a reckless driving ticket - what chance do we have without hiring a lawyer? I think it's ridiculous that we would have to pay for a lawyer when he did nothing wrong.  He pled not guilty at his first court appearance and he has a "pre-trial" appointment set up.  What can we expect?  Shoudl I talk to an attorney?

Anonymous · Accepted Answer

I think because the witness did not come forward to accuse you, the policemen violated your constitutional right to face your accusor(s).

Where I live, the police would not do that unless they actually saw it happen or the witness came forward.

Get an attorney.

Anonymous · Answer

Yes you should at least speak with a lawyer to go over your options. I know it's BS but if convicted the increase in auto insurance for one year will cover the cost. 

What the lawyer can do is obtain pre-trial discovery. The statements of the individuals that made the original accusation. If there is no credible witness they judge will more that likely dismiss the case. 

If there is a complainant you will be able to see how it is and what there going to say in court. Good Luck!

raichasays · Answer

You should talk to an attorney and, in the US, you absolutely have a right to see the police report before trial.  Ask for it at the pre-trial, along with a list of witnesses and any other evidence that will be used at trial.

Anonymous · Answer

Yes, absolutely talk to an attorney and you can find one willing to work Pro Bono or through your local bar association. NEVER go to court without an attorney!

goz1111 · Answer

at some point the witness must come forward for trial if not you should succeed because the prosecution can not meet their burden of proof without the witness

Reckless Driving ticket based on citizen statement?

5 Answers