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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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My son has been given a ticket for failure to stop at a stop

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My son has been given a ticket for failure to stop at a stop sign. The officer was in a position to not be able to see the vehicle, the sign or anywhere near the sign. Officer says he heard him not stop. Is this legal to be given a ticket because the officer admits to not seeing him run it, just says he heard him. We are going to court on this pleading not guilty because my son swears he stopped. I heard that if the officer did not see the accused violation that he can only give a warning. I don't know how true this is, but if it is, it sure would help if i could print it to take to court with us.
Thank you for using JustAnswer!

At the contested hearing, the officer has to testify to what he SAW. The facts that he was not positioned to see your son and did not see your son should most certainly carry in your son's favor.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 8 years ago.
Ok, you and i know he must testify to what he SAW. But I am in countryville deputies make up their own law land. How do I prove that? If I don't have it in writing they will turn it around, even our JP doesnt know or go by the law. Is it in writing somewhere?
What state are you in?
Customer: replied 8 years ago.
Did your son receive a ticket that says on the top "uniform traffic ticket and complaint that kind of looks like:
Customer: replied 8 years ago.
Kind of like that. It has Terrell Co. Sheriffs Dept. across top and is a form like your sample.
Very good. I direct your attention to the bottom of the form where the language says above the officer's signature:

The undersigned further states that he has just and reasonable grounds to believe, and does believe, that the person named above committed the offense herein set forth, contrary to law.

Your son needs the officer to admit that he didn't see the traffic offense and then remind the court of the ticket language.
Customer: replied 8 years ago.

No. I can tell that this ticket is issued by the State of Texas with Terrell Co. etc. printed on them, looks like a standard form, does not state anything where officer signs.

Has signed by: and I.D. No. only. for officer to fill in.

Is there not a law # XXXXX something i could state to help my case?

I am not a Texas lawyer so I am not having much luck finding one in the Texas laws. It's not something that's generally written in the law as you want it.

The point is that the officer has to based his/her ticket upon personal observations -- the judge knows that. Your son's challenge will be to persuade the judge that the officer wasn't in a position to witness a violation. It's up to the judge to decide who to believe.
JB Umphrey and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Not exactly what I was looking for, but you did what you could, i will accept,
Many thanks!