Posted: 4/20/2005 8:56:39 AM EDT
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In MI, does a LEO have to be present at an accident scene in order to issue a citation? If the LEO issued a citation w/o being present at the scene (just issued it based on the report), would this stand in court? |
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If I understand your question, that a citation was issued a day or so later and not at the immediate scene of the accident? Yes a citation can be issued at a later date and time. The LEO would have to be able to articulate the reason, ie, witnesses not available at time, wanted to investigate further, didn't want to issue if not warranted because citations are pretty impossible to void any more, etc. , or not possible to issue at that time-offender needing medical care. If I'm out of my car walking and observe someone who is known to me violate a law, traffic or criminal, and a citation would normally be issued for the infraction, then I can return to the office, write a report on the incident and issue a citation (within a reasonable period of time). As far as it holding up in court, like they say on "COPS", everyone is innocent until proven guilty. Just because a citation was issued does not mean that its an automatic slam dunk. And we all know what can and DOES happen in court. It should hold up, although some attorneys may question the reasons. Hope this helped answer your question. |
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Some departments have policies mandating citations be issued for all traffic crash reports. Whether at the scene or after the fact. Sometimes both parties are not present at the time the report is written, but someone eventually gets a ticket. Happens all the time. I am a civilian dispatcher, and we worked the front desk. I wrote up accident reports all the time. They were forwarded to the traffic section to review our work, and THEY issued the tickets. I would write 150 accident reports a year, and I'm not even a police officer. As far as I know, everything held up in court, and I was not sued for anything. |
| Ok so basically a citation issued by a LEO for an accident is still valid and will w/o a doubt hold up in court if the LEO (and no other LEOs) were present at the scene? and basically he used the report to issue the citation? So in this case it's probably easier to just ask for leniency and plea bargain? |
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Depending on the area you reside in, or the jurisdiction that the citation was issued, you may be able to plea it down. I'm assuming that it was a citation for some form of moving violation and not an equipment ticket? You can request an informal hearing by checking the appropriate box on the back of the citation. The court will send you a date and time to appear before a magistrate/referee (again depending on the court). The best part about this is that its informal and no attorneys are present. Most cops know that a ticket being issued at a traffic accident is kind of like double (or triple jepardy (sp?), because your going to be fined for the ticket and your insurance company can't wait to increase your premiums. So unless you did something that offends the court (drunk driving, leaving the scene of an injury accident, you get the idea) you may get it reduced to some "fix it" equipment ticket that may carry a fine and court costs but NO points. If the officer doesn't show up for the hearing, request the magistrate/referee to dismiss the citation as you are there ready to defend yourself. Explain that it's been a burden to take the time off work, and re-sceduling would only add to it. At worst, you end up paying, but you may come out better and surprise yourself. This is just what I've seen and encountered over the last 25+ years but its still only IMHO and I'm no attorney. Good Luck |
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Actually I've been with ar15.com even before 2001 (about 1998). They've changed the boards a few times, wipeing out posts at least once. And then there was a time there when ar15.com was being bombarded by Rosies friends and it just wasn't worth it. So I really haven't been lurking that long.............. And it seems that a better group has (finally) come back to this board, but be careful, I still may be lurking about........ |
Back to the topic.... Here in Battle Creek, the cops are required to write a ticket at an accident. Last February, I totaled my '03 Explorer (I miss that damned thing). I was run off the road by an asshole, and I hit a tree. Since the offender didn't stick around (didn't even slow down) the cop wrote me a ticket for losing control of my vehicle (it was actually a citation for violation of te basic speed law -- going 30mph in a 30mph zone during inclement weather). I ws pissed. He handed me the citation as the paramedics were loading me into the ambulance. I called him every name in the book, and told him that the ticket was bullshit and he knew it. He showed up in court, and asked the magistrate to dismiss the ticket. I felt stupid. Afterwards he told me that he would have ad to get permission from his supervisor to not write the citation, but nothing prevented him from asking it to be dismissed. I apologized for being an ass, and he said not to worry about it, he would have reacted the same way. Not all cops are pricks. |
| Apparently the ticket sticks even if the LEO was not present as a witness on the scene. I went to fight the ticket, not the fact the accident occurred but the judge doesn't see it that way. The cop that issued the ticket didn't bother to show at the case and it was still a valid case. |
Yep, without going into more details... basically I ended up paying the fine, fees, etc... and got no points (which is really the most important thing). But I requested the case be dismissed and the judge said the LEO wasn't a witness and did not have to be present.  What I learned: Any MI LEO can sit on their butt behind a desk, hand out a ticket for some BS charge related to the accident, and since he/she was not present at the scene to file the report it still sticks in a court of law even if the LEO doesn't show up that day. WOW. I didn't realize tax collection duties have gone to this extent in MI... 
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| State law requires local jurisdictions to write a ticket if you rear end another vehicle. But If you go to court and the cop doesn't shoew up AND you can show it wasn't your fault-- (guy in front of you cut in front of you suddenly etc) then the magistrate might throw it out if you don't have any other infractions. |