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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Falsely accused of throwing out a lit ciggarett.

Customer Question

Falsely accused of throwing out a lit ciggarett.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel. I am reviewing your question and will discuss this and provide you information. Thanks for your patience.

Expert:  Samuel II replied 1 year ago.

I am sorry to hear of this matter. What information can I provide for you in this regard?

Customer: replied 1 year ago.
What can I do to fight off a $1021 ticket for which I was never responsible for?
Expert:  Samuel II replied 1 year ago.

Have you been charged?

Customer: replied 1 year ago.
I was pulled over on I 90 bridge.
Expert:  Samuel II replied 1 year ago.

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?

Customer: replied 1 year ago.
He aggressively came up to me and asked if I just through out a lit cigarette out of my car, wile I was eating sunflower seeds.
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

The officer is going to need absolute proof that you tossed the cigarette.

Customer: replied 1 year ago.
It was state patrol, so the officer is going to need a proof, I am going to need a proof; and neither of us will have it, however his word will be considered stronger than mine right?
Expert:  Samuel II replied 1 year ago.

Not necessarily. And you don't need any proof. The officer and the state has the burden to prove beyond a reasonable doubt.

Expert:  Samuel II replied 1 year ago.

It hurts you None to simply plead Not Guilty, See what the officer says as far as proof.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
I am a very bad liar, I do smoke cigarettes, however i know for a fact thad i did not throw a lit cigarette out of my window. There were other cars at that time which was 1:20 am as i was going home from work. As he aggressively asked me, I told him that it was sunflower seeds wile chewing on one. If he could tell by my face that it wasn't me, he is not just going to apologize and say that he is sorry.
Expert:  Samuel II replied 1 year ago.

I wasn't suggesting you lie.

Expert:  Samuel II replied 1 year ago.

No. You won't get an apology. But you could talk to the DA and see if it can be reduced to the infraction.

Customer: replied 1 year ago.
Is reduction all that can be done?
Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
although you didn't do it we'll just charge you less money because you were confused for somebody else. Sounds realistic enough.Thank you.
Expert:  Samuel II replied 1 year ago.

Well, it all depends on what evidence the officer has. It is an option.