Legal Question in Traffic Law in Kansas

Traffic Law

I was recently in an accident. Police came. The first set of officers surveyed the scene however did not take pictures. My fourteen year old son was with me, I was taking him to school at the time. The officer asked my son to go on to school. Asked me to fill out paperwork. However to move my car from the accident site to some parking spots next to the foot ball field, and wait for another officer. I did as I was told. I filled out the paper work, the other officer came and gave me a ticket for inattentive driving. The reason I had the accident was the sun took up the whole spectrum of my Point of view and as I was turning into the high school, I could not see. My question comes down to this. Can a officer who was not a the scene who did not see scene in tact, or any pictures fine me for an offense?


Asked on 12/05/08, 10:30 am

2 Answers from Attorneys
Anthony Smith LawSmith

Re: Traffic Law

An officer can issue a citation for an offense that did not occur in his presence. It does not matter that they had not seen any pictures either. However, the state will have to prove the allegations. Not having photos or eyewitness testimony can make this dificult for the state to meet its burden. You may be ble to hire n attorney to make aplea agreeme5 on yrou behlf, to have the charges dismissed or reduced to a nonmoving violation. Often the cost of such representation is less than what you will suffer in higher insurance premiums, if your are convicted of Inattentive driving. If there was another vehcile involved, that driver may be asked to provide testimonty against you, if you chose nto to enter a plea agreement.

Good Luck

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Answered on 12/07/08, 11:53 pm
Anthony Smith LawSmith

Re: Traffic Law

An officer can issue a citation for an offense that did not occur in his presence. It does not matter that they had not seen any pictures either. However, the state will have to prove the allegations. Not having photos or eyewitness testimony can make this dificult for the state to meet its burden. You may be ble to hire n attorney to make aplea agreeme5 on yrou behlf, to have the charges dismissed or reduced to a nonmoving violation. Often the cost of such representation is less than what you will suffer in higher insurance premiums, if your are convicted of Inattentive driving. If there was another vehcile involved, that driver may be asked to provide testimonty against you, if you chose nto to enter a plea agreement.

Good Luck

Read more
Answered on 12/07/08, 11:53 pm


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