Legal Question in Civil Rights Law in Tennessee

Ticket without evidence

My son was stopped by our local police about a month ago. He had no idea what he was being stopped for and when he asked the policeman he said for ''unleashing holy hell in front of city hall''. The officer was standing inside city hall and heard a loud noise but did not see the car that made it. He just got in his car and stopped the first car with a loud muffler that he found. My son has one of those muffler systems that is a little loud but so does every other teenager in this town. We do not have a noise ordinance and so he gave him a ticket for reckless driving. How can he do that when he did not even see the car? The officer admitted that. Anyway, we went to traffic court or (kangaroo court) last night and they found him guilty. They changed the charge to speeding and charged him court cost. Again, how can they do this when they can't even prove that he was the car? They certaintly do not have a radar reading on him. Should we appeal this in circuit court or just pay it? I do not want to pay it because of the principal of it. Would an attorney be able to get the court fees and his fee from the city if we won? I understand that if we lost er would pay. I just need an educated opinion.


Asked on 12/11/02, 2:41 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Ticket without evidence

I am a California attorney, but I think I can tell you what it is that you can reasonably expect to achieve. I would appeal the matter to the next level of court, and hope for a fair hearing. As far as attorney's fees are concerned, it probably will have to be borne by your family, or maybe your son. I don't believe there is a right to attorneys' fees in this matter. After all is done, however, you might consider filing a claim against the local police department. At least then you can feel like you gave it a chance to come out whole.

Good luck!!!

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Answered on 12/11/02, 6:06 pm


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