Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel. I am reviewing your question and will discuss this and provide you information. Thanks for your patience.
I am sorry to hear of this matter. What information can I provide for you in this regard?
Have you been charged?
Well, remember the state always needs to prove it beyond a reasonable doubt. SO to fight it, you need to place doubt that you are the one who did it. And so what did the officer say to you when pulled over?
The max fine is $1021 so you can request a trial and make the officer testify to what they say they saw. It may be possible to get it reduced to a class 1 civil infraction. And that penalty is (a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessment. You can explain that you tossed a sunflower seed out the window and that the officer is mistaken and you told him so. Sunflower seeds, of course being biodegradable and should not impose any charges.
The officer is going to need absolute proof that you tossed the cigarette.
Not necessarily. And you don't need any proof. The officer and the state has the burden to prove beyond a reasonable doubt.
It hurts you None to simply plead Not Guilty, See what the officer says as far as proof.
But if the officer has the proof, you can also write a letter of Discovery to the Police officer and request to see his evidence that you are the one who did in fact toss a lit cigarette from a moving vehicle. You have a right to see the evidence. You can ask the DA what the evidence is - and then decide if you should plead Not Guilty OR if you should try to get it reduced.
I wasn't suggesting you lie.
No. You won't get an apology. But you could talk to the DA and see if it can be reduced to the infraction.
If you plead guilty, yes. If you plead not guilty then you could get acquitted or you can ask for a dismissal altogether but I don't see where you have a basis for that.
Well, it all depends on what evidence the officer has. It is an option.