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I received a ticket because a neighbor called the police and

told him that I was...
I received a ticket because a neighbor called the police and told him that I was going 45 in a 15 mile zone when I passed her house. The deputy told me that he had to put down what the neighbor told him. I went to court today and pleaded not guilty; the deputy nor the neighbor were in court. My question is since the neighbor was inside her home and is guessing my speed and the deputy wasn't present, isn't the burden of proof on her. By the way, I wasn't speeding. I have to go back to court in January. Do I need to get an attorney?
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Answered in 1 minute by:
11/1/2012
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

If I may ask, for what reason did you go to court? Why didn't the judge dismiss that claim then if he had wrong information on you?
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Customer reply replied 5 years ago

I am requesting this information for my grandson; he is 17 and didn't know to question the judge. I was present but only the defendent was called up. The judge read the charge and asked how he pled. Austin said not guilty and was told to come back in January. It was traffic court.

Thank you for your follow-up, Austin.

In that situation it is likely wise for you to tell your grandson that when he appears in January, the officer and the neighbor should be there. If the neighbor is not there, the best means of attacking the ticket is to claim that the information that the officer received was purely based on hearsay, which is inadmissible--in essence stating that if the person who alleged the violation is not there to back up testimony, the ticket should be thrown out especially since the officer was not there himself.

Good luck.

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Customer reply replied 5 years ago


Should I have an attorney just in case she does show up

Thank you for your follow-up.

The answer depends on what the citation is for--if it is for reckless driving, then an attorney is a wise option. But if it is purely for speeding, then that is something that can be pursued without counsel, simply because that is money that is better spent elsewhere.

Good luck.

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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