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Andrea, Esq.
Andrea, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 11710
Experience:  25 yrs. of experience in traffic law, traffic stops, DUI, drugs, ARD, family law, criminal defense and personal injury.
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reckless driving citation

Resolved Question:

plead guilty or not guilty, to: XXXXX XXXXX citation in arkansas officer was not present (accident involved just myself).
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Andrea, Esq. replied 1 year ago.

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,

 

ANDREA

 

 

Customer: replied 1 year ago.
have u reviewed AR state statute 27-50-308? To clarify the officer
(ar state police trooper) said "he was issuing the citation in regards XXXXX XXXXX statements", however immediately upon arrival of bystanders coming to assist me the bystanders saiid he saw the vehicle in front of me (standing still) try to maneuver his vehicle to go around a vehicle that was stopped waiting on traffic before making a turn i was already in motion to "go around" the vehicles including the vehicle which made an abrupt motion to do as i was doing. in doing this i swerved to miss him and lost control of my vehicle no others were involved in the actual accident only myself which rolled my suv after overcorrecting my attempt at avoiding the gentleman that pulled out in front of me. so i should without a doubt pleas NOT GUILTY at court this morning?.
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Brooks,

 

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,

 

________________________________________________________________________

 

 

 

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,

 

ANDREA

 

 

 

Customer: replied 1 year ago.
Ok, thank you, XXXXX XXXXX put in a not guilty plea then. One last question, when i go to trial what evidence should I provide if any? Would you in your expert opinion, seek an attorney to represent me or just represent myself, because the case is such an obvious win to my favor?
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Brooks,

 

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,

_________________________________________________________________

 

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,

 

ANDREA

 

Customer: replied 1 year ago.
OK. It is such a haunting feeling knowing with a 100% certainty I did not recklessly do anything, should i have passed on the right? i shouldn't have. but in the area where accident took place people just do (not right but true). But to have an officer write me a reckless driving ticket knowing it will go on my record which WILL destroy my career and cause my family extreme hardships is shocking and disgusting! Especially, when i was the only individual physically, emotionally and monetarily harmed in the whole charade. Hopefully, the state will show me some deserved mercy! here goes nothing...Thanks again.
Expert:  Andrea, Esq. replied 1 year ago.

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,

______________________________________________________________________

 

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,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 11710
Experience: 25 yrs. of experience in traffic law, traffic stops, DUI, drugs, ARD, family law, criminal defense and personal injury.
Andrea, Esq. and 2 other Traffic Law Specialists are ready to help you

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