Legal Question in Traffic Law in North Dakota

Citation given based on one person's testimony

Hello,

A police officer came into Perkins to get me while my family was eating and said he needed to speak w/ me. Someone followed me over 2 miles & then called the police saying that I went through a red light. The officer said that the person was heading west when I drove throught the light (I was heading south). It was 6:20pm, the sun was setting in the west, and I know I did not do it. I was waiting at the light waiting for it to turn green, and then drove through it (when green). My wife was in the car w/ me and can testify to it. What I don't understand is how an officer can give a citation for something based on 1 person's testimony when there was no cop there to validate it. So, using the same principle, I can call the cops on every single ''infraction'' I see and that person will get a ticket? How can they give a ticket on a ''he said'' vs ''he said'' case? Is it worth my time to go to court on it, or should I just pay the $20 fine and move on?

Thank you for your help.


Asked on 7/31/08, 5:57 pm

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

Re: Citation given based on one person's testimony

People are convicted of crimes and traffic offenses everyday based on eyewitness testimony of regular citizens.

You probably already told the cop you were driving the car, that is a mistake. Never speak to the police without a lawyer present.

Your whole case will depend on whether the prosecutor will be able to get the witness to court. If you want to have a court hearing you will need to post a bond with the court within so many days of the ticket being issued, then they will give you a court date.

Read more
Answered on 8/04/08, 10:02 am


Related Questions & Answers

More Traffic Law questions and answers in North Dakota