It has probably happened to you or someone you know because it happens more often than you think. What are we talking about? You get into an accident and the police arrive at the scene. After making, and issuing, a police report several tickets are handed to one of the drivers. Here is an example:
Toby works in Yonkers, New York. After a long day at work he is driving home to Elmsford, NY. Toby is a good driver and has a clean driving record. While driving on the parkway, Toby quickly checks his rearview mirror, but his eyes focus on the road just in time to see the car in front of him at a dead stop. Unable to stop in time, Toby slams into the back of the car with a load “BANG!” After an initial evaluation of the situation the police are called and the officer issues Toby a traffic ticket for following too closely (VTL § 1129-a). What? Not fair! The officer was not there when the accident happened. Can he issue Toby a ticket for a traffic infraction he did not witness?
These are excellent questions and exactly why you should consult a traffic ticket lawyer if you received a traffic violation from a police officer who did not witness the violation. At The Claro Law Firm, we will fight your ticket and fill you in on your rights, which can be the difference of having your ticket dismissed or accruing points to your driving record. The traffic ticket attorneys at The Claro Law Firm know what law firm’s who do not concentrate in traffic law do not know: a police officer cannot write a motorist a traffic ticket for a violation that happened when he was not there. The law says that in order for an officer to have authority to issue a motorist a traffic ticket, the violation must have happened in the officer’s presence. Even so, police officers often write tickets after they are called to the scene of an accident. However, if the offense you are charge with was not committed when the police officer was presence, this can be a basis for having your traffic ticket dismissed.