Hi, My goal is to provide you with Excellent Service,
If the police officer was not there to witness your driving or the accident, you should plead "Not Guilty" and the Judge must dismiss the traffic citation because the police officer cannot testify to anything he did not personally witness. Even if there was a witness to the accident who the police officer spoke to after the accident occurred, the police officer still would not be able to testify as to what he was told by the witness because it would be hearsay. If you see that the police officer begins to testify as to anything about the accident, you should get up and say, "Objection, your Honor, Hearsay"
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
You should absolutely plead "Not Guilty". As I stated in my previous Answer, the police officer cannot testify as to anything he was told by any witness - That is "Evidence 101" and is pure Hearsay, no question about it. The police officer would have to bring in all the witnesses to testify and he still would not be competent to testify as to what he was told, he can only testify as to what he personally witnessed,
I never leave anything to chance. You do not need an Attorney, but it cannot hurt to have one with you.
As for what evidence you should bring - I do not know what evidence you have, but keep in mind that the State has the burden of proving you guilty beyond a reasonable doubt. If they fail to do so, the traffic citation must be dismissed.
I do not know what the police officer will testify to, so the only thing I can say is, whatever he testifies to, object if it is hearsay,
As I said in my previous Answers, the State has the burden of proving your guilt beyond a reasonable doubt and if they do not, the Judge must dismiss the traffic citation.
If the police officer takes the stand and starts to testify as to anything about your driving, simply stand up and say, "Objection, your Honor".
After the police officer finishes testifying and no witness is called, stand up to address the Judge and say, "Your Honor, I respectfully XXXXX XXXXX motion that the traffic citation be dismissed because the State has failed to prove their case beyond a reasonable doubt".
The Judge cannot ask you to testify because of the Fifth Amendment right of a citizen not to be a witness against himself; this is what people mean when they say they "Stand on their Fifth Amendment Rights". Please rate my service to you because without it, I will not receive credit for assisting you. The deposit you placed was with JustAnswer and it will not cost you anything additional to rate my service to you. Thank you for understanding,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).