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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My son was cited lane change from a complaint that

Customer Question

My son was cited for unsafe lane change from a complaint that was called in. The citing officer didn't witness the alleged events. We are in glendive Montana, 59330. Is there any way I can get out of this? Also, the officer didn't completely fill out the citation, he didn't note the exact location of the violation. Also when the complaintant called in, they gave an innacurate description of the driver. Would that reduce the credibility of the witness. Also, since he is a minor, can I ( father) help him and cross examine the witnesses?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardThe officer can issue a citation based on someone else making a report. However, that person would need to be called as a witness for the state. And I suggest that might not happen. At any rate, our son should consider going to court and pleading not guilty. And request the matter be dismissed because of the inaccuracies on the citation, along with the word of "person" who may not be present. Unfortunately, if you are not a licensed attorney in Montana, you cannot represent your son or question on his behalf. But you can sit behind him in the first row and he can confer with you, if the court grants permission.
Expert:  Sam replied 2 years ago.
I suggest that you can have your son make a request from the police officer for any and all information, witnesses name etc and that why your son can then issue a subpoena for deposition of the witness if you feel that would be helpful. He will need to first file an Appearance with the court - which will say he is representing himself pro se -
Expert:  Sam replied 2 years ago.
Please note that I can only provide you information on questions you ask. If you have other questions or need clarification in this regard, please let me know.Otherwise, I would appreciate a positive rating as that is how I get credit for my time in providing you true and correct informationThank you
Customer: replied 2 years ago.

We have already pled not guilty, and had the pre trial. The bench trial is set for July 23. We have missed the window for filing a motion. Can we motion to dismiss during the trial? Can we bring in witnesses?

Expert:  Sam replied 2 years ago.
Hello Yes, you can make a Motion to Dismiss and yes, you can bring witnesses. Also you want to make sure the state's witness, the person who reported it is there at trial. You can get the name of that person by filing a Motion for Discovery and requesting the information from the Police Department.