pagiven@drutx.UUCP (GivenP) (04/09/85)
- >From: daveb@reed.UUCP (David Billstrom) . . . Caught by a bear in the air: . . >Any ideas to get out of this ticket? I'm presuming not, since it seemed to >be quite a production (several traffic cars) and thus I'm presuming they >made sure the exercise was legal. I figure I don't have much of a chance >claiming mistaken identity, since my black VW GTI is pretty distinctive. >I WAS going faster than 55. Back in the days when I lived in New York, I had reason to know the laws pretty well. One thing I am sure of is that in New York State, circa 1966 to 1979, when a summons (yclept "citation," "ticket," etc., elsewhere) was given by a police officer, s/he must have personally witnessed the violation her/himself. Otherwise, the summons could have been successfully challenged in court on the grounds that here-say evidence was inadmissible for *violations* (not necessarily misdemeanors or felonies). If this holds true today and in other states, then tickets issued by officer B when officer A observed the violation, could be beaten in court. There is certainly legal precedent, anyway. As for bears in the air: I would think that a successful challenge based on the fact that mistaken identity is *possible* because the officer did not have the alleged offender under observation at all times from the moment of infraction to the moment of issuance of the ticket. FAA rules, after all, prohibit flight at under 500 feet over roadways, so how good an observation could be made? Toss in some IFR conditions, twisty little maze type roads, lots'o traf- fic, mix well and serve to the judge. (Yes, your honor, the speeding vehicle was definitely black- or some other dark color, or perhaps white and dirty, and was a car with four wheels or maybe 2 motorcycles close together.) Any legal minds care to comment? ----------------------------------------------------------------- Paul Given {ihnp4, houxe, stcvax!ihnp4}!drutx!pagiven AT&T Information Systems Laboratories 11900 N. Pecos, Rm 1B04, Denver 80234 (303)-538-4058 -----------------------------------------------------------------