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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Can The Police Issue A Ticket Without Seeing The Alleged Violation, in Maryland

    HI,

    My husband was on his way from work and went behind a car at a stop sign. After realizing thre were no other cars coming, he thought he was behind a parked car so he went to go around him, only the "parked" car moved and tried to stop my husband from going by finally moving his car so that my husband could not get around. So the person finally makes the right turn, which is the same direction my husband was going. 100 yards away was a traffic light, the same guy was turning right onto the traffic lane, while my husband turned onto the merging lane and passed this guy. From there, the guy followed my husband home. My husband had to pull over b/c there was a ambulance coming the other way, the the guy pulled over as well, nudging my husband further to the right, on the way home my husband kept to the speed limits of 20 and 25mph, and tailgating him. He Got out, and by this time was heated that this stranger had followed him home, that he started yelling why would you come to my house, the guy pointed his car in his direction ( my husband guesses he was getting scared that he got out of the car and try to threaten my husband not to come closer or he'll hit him w/the car)-- he told the guy to get off of our property, and pushed his mirror in.
    15 mins later a State Policeman shows up to our house, explains he needs to write up a report b/c he got a call and then further states he need to issue tickets to my husband. Of course we couldn't believe it and asked how someone could make all these accusations w/out hearing the other side. I asked the cop why he let the other guy go before hearing both sides and then deciding who the tickets should go to (he apparently made the call and waited for the cop to come), the cop replied that he didn't want the other person outside shivering while he was in here. The guy also told the cop tht my husband hit the mirror w/a hammer. My husband didn't even think he broke it, but when asked if the plastic was broken from a "hammer" being hit against it, the cop said no, but the mirror fell out and that the guy said that all he cared about was getting the mirror fixed, but the cop said that it's their policy that he needed to write the citations that the guy said my husband did-- which was 1) Driving at an unreasonable slow speed.....which again, he was driving the speed limit and slowed down for the ambulance and the other guy also claimed that he came to our home b/c he couldn't read my husband's license plate-- but I thought he was driving slow? , 2) Negligent driving, and 3) following too closely....this is back when it started from the stop sign to the traffic light-100 yards. So then my husband was like, ok now I'm reporting that this guy assaulted me with his car, I felt threatened that he followed me home, and that he tailgated me. The cop said he had conflicting stories but still issued the tickets to my husband. Also when my husband asked for the number of his superior, the cop said he would give the information after he wrote the tickets.
    So the questions are do they have a right to write up tickets w/out even witnessing the "crime"? He also said, well I'm not going to say if your husband did or didn't have a hammer because I wasn't there -- so why would he be able to write the tickets. And then he said it was their policy to do this, but then later he said, well there are alot more tickets I can write up, but there's no need, 3 is enough. There's just alot of things that don't add up-- we're even going far as to say that this cop was a friend of this guy and owed him a favor. Furthermore, my husband's driving record isn't so good-- the last thing he got over 3 years ago, was a DUI, so now we're scared that this other guys' lies are going to have his license taken away. Should we get a lawyer? Please advise!! Thank you!!!

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Can The Police Issue A Ticket Without Seeing The Alleged Violation, in Maryland

    Take it to court. Request a hearing in front of a judge. Fighting and arguing with a police officer is risky. It is best to take the ticket and go to court. If you feel you have been unfairly treated.

  3. #3
    Join Date
    Jan 2008
    Posts
    100

    Default Re: Can The Police Issue A Ticket Without Seeing The Alleged Violation, in Maryland

    The simple answer is to go to court and plead not guilty. The cop will not be able to testify against you since he did not witness the offenses. The crazy guy would have to appear as witness for the state. I doubt he will. Even if he did, it wouldn't be hard to make the court realize (after questioning him a bit) that this guy is a nut and was stalking your husband.

    This cop was irrational for issuing the tickets. Don't sweat it too much.

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