Legal Question in Traffic Law in Michigan

pulled over because someone called the police.

my husband witnessed a woman driving recklessly-cutting people off, improper lane changes, etc. When he came to a red light he told the lady off and told her she's going to kill someone or herself. She called the police and he was pulled over and ticketed for reck. driving-6pts.! How can he be ticketed by a cop who didn't even see him on the road? He was ticketed on hearsay of the woman who called the cops. Is this legal?


Asked on 5/27/08, 10:56 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: pulled over because someone called the police.

Its a tough case to prove, and you have to see whats actually in the police report. It is a very serious charge. 6pts and a Misdemeanor criminal conviction. Contact me to discuss further. Tim Klisz www.kliszlaw.com

Read more
Answered on 5/27/08, 10:59 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: pulled over because someone called the police.

In order for the prosecutor to be able to meet his burden of proof, the officer will have to present testimony, eyewitness or otherwise, to substantiate the ticket and charges against your husband. I strongly suggest you retain an attorney to fight this charge. If your husband is telling the truth, it should be dismissed entirely, and without costs.

You should also scope out the area where this allegedly happened and see if there is any video surveillance from nearby stores, etc., although again, it is the prosecutor that will have the burden of proof.

Immediately request a copy of any witness statements or any other documentation the prosecutor has to support his case.

The whole situation does seem unusual - it is not standard protocol for someone to receive a ticket like that without an officer having witnessed the dangerous activity.

Read more
Answered on 5/27/08, 11:09 pm


Related Questions & Answers

More Traffic Law questions and answers in Michigan