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Can the Police do this?

Can the Police do this?

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Old Aug 10th 2006, 2:48 pm
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Default Can the Police do this?

My neighbor came over last night, she was very upset. She had got stopped by the police and they said another driver had reported her for reckless driving. The gave her a ticket and she has to go to court next week, she wants me to go with her.
The police said she can either plead guilty and pay the fine $85 or plead not guilty and it will be taken further.
Can the police charge someone for something that they did not see and which my friend says never happened.
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Old Aug 10th 2006, 2:50 pm
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Default Re: Can the Police do this?

Originally Posted by DollyLlama
Can the police charge someone for something that they did not see and which my friend says never happened.
Yes.

Just think again of the question you are asking.
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Old Aug 10th 2006, 2:56 pm
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Default Re: Can the Police do this?

So you can be driving along minding your own business and another driver can call the police and say you were driving recklessy and you can be charged on the word of another driver?
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Old Aug 10th 2006, 2:58 pm
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Default Re: Can the Police do this?

I know this may sound trollish and superficial, but it's actually a well recognized fact here in Houston that traffic fines are always handed out towards the end of month, when the police have a quota to fill. That's pretty much well known here. You'll see people get pulled over and given tickets for the most ridiculous things, and you are powerless to do anything about it.

It's the old schoolyard rule of "Your word against his". You're a regular Joe Public, and he's (supposedly) Law Enforcement's Finest. Your friend won't stand a chance of rejecting the ticket. There may be an option for a defensive driving course, which replaces the fine and doesn't go on your driving record.
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Old Aug 10th 2006, 3:00 pm
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Default Re: Can the Police do this?

Take it to court. Mr plod might not bother to turn up.
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Old Aug 10th 2006, 3:00 pm
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Default Re: Can the Police do this?

Originally Posted by Tolos
I know this may sound trollish and superficial, but it's actually a well recognized fact here in Houston that traffic fines are always handed out towards the end of month, when the police have a quota to fill. That's pretty much well known here. You'll see people get pulled over and given tickets for the most ridiculous things, and you are powerless to do anything about it.

It's the old schoolyard rule of "Your word against his". You're a regular Joe Public, and he's (supposedly) Law Enforcement's Finest. Your friend won't stand a chance of rejecting the ticket. There may be an option for a defensive driving course, which replaces the fine and doesn't go on your driving record.
Yes, i said to her if she doesn't pay it she will probably have to go to traffic school.......
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Old Aug 10th 2006, 3:02 pm
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Default Re: Can the Police do this?

Originally Posted by DollyLlama
Yes, i said to her if she doesn't pay it she will probably have to go to traffic school.......
Traffic school isn't so bad. My neighbor had to do it. You can take it online at your leisure and basically have to sit through 12hours of lame lessons and cheesy videos (like the ones you used to watch in school). She used to do 15 minutes here, and 30 minutes there...and it was soon finished.

That was in place of a fine, and she kept a clean driving license.
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Old Aug 10th 2006, 3:03 pm
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Default Re: Can the Police do this?

She can be charged with the offence, but she can contest it.
If the only evidence is the word of another motorist then plead not guilty (presuming she didin't actually do it, which I presume from your post she did not). If the Police officer is saying he was a witness then pay the fine, you don't stand a chance.



Originally Posted by DollyLlama
My neighbor came over last night, she was very upset. She had got stopped by the police and they said another driver had reported her for reckless driving. The gave her a ticket and she has to go to court next week, she wants me to go with her.
The police said she can either plead guilty and pay the fine $85 or plead not guilty and it will be taken further.
Can the police charge someone for something that they did not see and which my friend says never happened.
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Old Aug 10th 2006, 3:05 pm
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Default Re: Can the Police do this?

Plus some insurance companies give you a discount for doing the course! Talk about rewarding bad behaviour LOL.
(Some insurance companies ask if you did the course as a result of a traffic violation, while others don't).

Originally Posted by Tolos
Traffic school isn't so bad. My neighbor had to do it. You can take it online at your leisure and basically have to sit through 12hours of lame lessons and cheesy videos (like the ones you used to watch in school). She used to do 15 minutes here, and 30 minutes there...and it was soon finished.

That was in place of a fine, and she kept a clean driving license.
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Old Aug 10th 2006, 3:06 pm
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Default Re: Can the Police do this?

Originally Posted by Texas_Dave
She can be charged with the offence, but she can contest it.
If the only evidence is the word of another motorist then plead not guilty (presuming she didin't actually do it, which I presume from your post she did not). If the Police officer is saying he was a witness then pay the fine, you don't stand a chance.
The Police officer was not a witness, but he said he had to go with the word of the other driver. My friend says she didn't do anything.
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Old Aug 10th 2006, 3:09 pm
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Default Re: Can the Police do this?

Originally Posted by DollyLlama
The Police officer was not a witness, but he said he had to go with the word of the other driver. My friend says she didn't do anything.
Well then, contest it. You basically have two options:

1 - Plead Not Guilty, and pursue the case. This will probably go all the way to small case with a jury, because the two parties involved cannot make a decision. Think of the time, energy and costs involved.

2 - Pay the $85 and get it over with.

Personally, it all depends on how much patience you have.
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Old Aug 10th 2006, 3:12 pm
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Default Re: Can the Police do this?

Originally Posted by Tolos
Well then, contest it. You basically have two options:

1 - Plead Not Guilty, and pursue the case. This will probably go all the way to small case with a jury, because the two parties involved cannot make a decision. Think of the time, energy and costs involved.

2 - Pay the $85 and get it over with.

Personally, it all depends on how much patience you have.
I said to her she should contest it. I know i would if i had done nothing wrong.
The Police officer said that the other driver is going to turn up as well.
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Old Aug 10th 2006, 3:16 pm
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Default Re: Can the Police do this?

Originally Posted by DollyLlama
I said to her she should contest it. I know i would if i had done nothing wrong.
The Police officer said that the other driver is going to turn up as well.
Then good luck. If she truly, honestly 100% truthfully did nothing wrong, then she has nothing to worry about.
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Old Aug 10th 2006, 3:20 pm
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Default Re: Can the Police do this?

If the Police didn't witness it but another driver did then plead not guilty. The Judge will ask for the witness and as they will probably not turn up the judge will most likely dismiss the case or at the worst give you traffic school.
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Old Aug 10th 2006, 3:28 pm
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Default Re: Can the Police do this?

Contest it. I bet neither show up and she'll get off scott free.

Heck can't you argue someone else was driving the car
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