Can a officer issue a citation based on another officers claim?
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Can a officer issue a citation based on another officers claim?
I was driving my 92 chevy s10 to work and there is a light that takes around 5
minutes to turn green every time due to road work. I got stuck at this light and
and of course i became bored. I glanced down to look for my lighter to light a
cigarette as the light turned green. I drove over the bridge being worked on
where an officer was standing in the middle of the road who directed me to pull
over. He told me that i was texting and driving and that an officer over the
bridge had seen me. Clearly its a trap of sorts because in my time being pulled
over they pulled another 4 cars over. I was issued a 150 dollar ticket. Is there
any way to fight this?
Asked on April 12, 2017 under General Practice, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) Yes, officer 2 can issue a citation or ticket based on something seen by officer 1: there is no legal requirement that an officer see the infraction personally, but rather may rely on other credible evidence or testimony, such as the observations of a fellow officer.
2) The fact that it is a "trap" is irrelevant: the police are allowed to create areas or checkpoints where they more aggressively enforce the law (such as, for example, sobriety checkpoints).
Based on what you write, you do not appear to have a good defense.
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