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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 27655
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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I have a question about a red light violation that I was

Customer Question

I have a question about a red light violation that I was ticketed for. The police officer that issued the ticket was not present and based his ticket on what a witness said
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
The incident caused an MVA in which another car coming the opposite direction made a left turn in front of me and I t-boned his car. I had a green light and so did he but he claims that he had an arrow and a witness stated that I had a red. Impossible because there were 2 cars that passed through the intersection in front of me first. Even if the light changed to red, the opposite traffice never gets a green arrow at the end of the light cycle- it always comes at the beginning. ASny way the ticket is based in hersay of a witness not th direct observation of the issuing officer. Simple dismissal, right?
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Whenever there's a dispute about the facts of what happened, the case has to go to trial. You have a right to request a trial so you can go in and tell your side of the story if you want. They will need the witness to come in and testify if they want to get a conviction. The police officer cannot testify as to what someone else told him - that's hearsay. And the police report is also hearsay, it's not evidence in this case. That means there's a very good chance you'll get a ruling in your favor at trial if you fight the ticket, because they could forget to subpoena the witness and he might not show up.

If the witness does appear, then whether the ticket is dismissed or not will come down to who the judge believes. You'll be able to bring in any evidence you like, including video of the lights at that intersection and how they typically operate. If anyone else was in the car with you, they can also come in and testify.

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