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  1. #1
    Join Date
    Apr 2009
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    10

    Default Off Duty Officer Requested I Be Issued a Ticket

    My question involves traffic court in the State of: Missouri

    Town: Springfield.


    Hope someone here can help, as I intend to defend myself in this case.

    Here's the scenario:

    While driving through Springfield, MO on my way to St. Louis I was feeling tired, so I decided to pull off the road and take a short nap. I exited off I-44 and pulled off the shoulder on the next entrance ramp well to the side like you see truckers do.

    About 15 minutes after I had been sitting there, an officer tapped on my window and informed me that someone had reported a possible drunk driver and gave them my tag. The person who called it in was an off duty officer in his personal vehicle. I explained that I was tired, and was resting. He wanted to check for the presence of alcohol, and I obliged which of course I tested negative.

    He went back to his vehicle only to later issue me a ticket for 'weaving' while driving. It was later changed to 'inattentive driving' in a letter.

    The ticketing officer never saw me driving. The only time he even saw me or my vehicle was when I was parked on the shoulder. He even said that I wasn't parked illegally.

    Do I have a way to beat this ridiculous charge??

  2. #2
    Join Date
    Jul 2008
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    853

    Default Re: Off Duty Officer Requested I Be Issued a Ticket

    If you request a court date, and the ticketing officer appears, he cannot testify that you were weaving, unless he is lying. The officer who saw you weaving would have to appear in court and testify, or the ticket will be thrown out.

  3. #3
    Join Date
    Apr 2009
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    10

    Default Re: Off Duty Officer Requested I Be Issued a Ticket

    Well, when they sent me the paperwork with the revised charge, they listed a witness so I'm assuming that's him.

    Still, I would think the ticketing officer would need to be the one who witnessed the event.

    I'm just worried that I won't be able to defend this....there must be some crazy statute that allows this sort of thing.

  4. #4

    Default Re: Off Duty Officer Requested I Be Issued a Ticket

    The officer who witnessed the infraction can ask another officer to write the infraction in any number of different situations, including the relatively common case of being offduty and not having his ticketbook on him. The statement of the first officer that he witnessed the infraction gives another officer probable cause to write a ticket or make an arrest or whatever. For example, if officer A sees a bankrobber fleeing a bank, and the bank robber jumps on the subway to escape, Officer B can be waiting for him at the other end of the subway and make the arrest, even though Officer B never saw any of the events. He only needs the statement from Officer A and it'll be up to Officer A to articulate the reason or what he witnessed. Your case isn't as dramatic, but the same principle applies. So you'll get officer A on the stand and make him make his case for the citation.

  5. #5
    Join Date
    Apr 2009
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    10

    Default Re: Off Duty Officer Requested I Be Issued a Ticket

    Quote Quoting aardvarc
    View Post
    The officer who witnessed the infraction can ask another officer to write the infraction in any number of different situations, including the relatively common case of being offduty and not having his ticketbook on him. The statement of the first officer that he witnessed the infraction gives another officer probable cause to write a ticket or make an arrest or whatever. For example, if officer A sees a bankrobber fleeing a bank, and the bank robber jumps on the subway to escape, Officer B can be waiting for him at the other end of the subway and make the arrest, even though Officer B never saw any of the events. He only needs the statement from Officer A and it'll be up to Officer A to articulate the reason or what he witnessed. Your case isn't as dramatic, but the same principle applies. So you'll get officer A on the stand and make him make his case for the citation.
    Well, that doesn't sound too promising then if that's the case. Since I was getting sleepy, I may have started to drift out of my lane. I didn't get any honks or anything, and I'm very sensitive to driving while tired from an incident when I was younger, so I don't push my luck. Right now the case is set for trial in a little over a week. I don't have the $$ to hire an attorney right now, but it sounds like that's what I need to do. I will call next week to see how much further I can continue it.

    Most of my traffic court experience is from KS, where my father used to be a LEO. In KS, an officer must first and foremost see the vehicle if he is to issue a citation.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Off Duty Officer Requested I Be Issued a Ticket

    KS may be an exception, then, because I believe that in most other states the issuing officer does not necessarily have to be the "arresting" (or observing) officer.

    - Carl

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