Legal Question in Traffic Law in Pennsylvania
he said she said
How do I defend myself against a citation that was issued to me for careless driving. In the opinion of another complaining driver I was following too close to them.They called police on a cell phone and 10 minutes later stopped and issued the citation. It was an opinion of the driver that led poklice to cite me
2 Answers from Attorneys
Re: he said she said
The police officer can only testify as to what he saw and what he heard. He cannot testify as to what the other driver told him as that is hearsay. He could testify to what you told him, because that is an exception to the hearsay rule. The other driver must testify or you should be acquited.
Re: he said she said
The other driver will have to testify at the hearing for the ticket to be upheld. It will be up to the judge to determine if the conduct described by that person will be enough to convict you. The police officer's testimony alone, without that person, will not be enough to convict.
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