Just got a ticket

No need to school me, I have quoted you two statutes that are absolute in their application. Legal jibberish? Nice try. The OP said it happened near his house. His location is listed as South Carolina. Do you think police can operate based on opinions enforcing the law without impunity?

Statute 56-7-15 of South Carolina code states from the beginning that the officer must witness the violation.
Statute 16-17-722 of South Carolina states that you cannot falsely report a misdemeanor.
In that case, if the OP didn't hit the truck, the officer has violated the statute. The officer's ignorance of the law, which is the case for a majority of police, doesn't exclude him from being charged with it. Would a prosecutor take on the case? More than likely not. But it would be the last time he decided to carelessly charge someone with a crime he wasn't sure of.

 

Sounds like someone stayed at a holiday inn last night!!

 

Damage is too high for a tire or DOT bumper. Maybe a rubrail, but you would've taken the whole hood off.

I think Werner is lying. If you had hit him in traffic, you would have felt the strike as your trailer bounced against his truck, and the damage would have been far more extensive.

Werner screwed up somewhere else and is trying to hang you out to dry. Fight it. Get a lawyer, subpoena the video, and counter sue that bigger for false claims and fraud.

 

You seem to be hung up on the misdemeanor...false reporting of...witnessing...etc. A simple traffic crash with no injuries is just that, NOT a misdemeanor. It is not a crime to bump into somebody on the road, unless it was intentional or caused injury/death AND you fled the scene. Short of extenuating circumstances (such as DUI, distracted driving, driving while suspended, no insurance, creatively colored log book, etc...), even causing a serious crash isn't a criminal offense. So, even if it IS illegal for a cop to write a misdemeanor citation without witnessing the violation, he can still write for a traffic offense when the evidence as he sees it leads him to believe it is justified.

 

Looks like 2 people shared a room at one.

 

"So, even if it IS illegal for a cop to write a misdemeanor citation without witnessing the violation, he can still write for a traffic offense when the evidence as he sees it leads him to believe it is justified."

Writing the OP failure to maintain lane is charging him with a misdemeanor. Statute clearly states he has to witness it to write it.Since he did not witness it, he cannot write the citation, no matter what his hunch is or what he feels might have happened. It cannot be any clearer than that.

If anyone can show me in South Carolina traffic code where it says an officer can issue a citation based on what he thinks or what someone says,I will admit I am wrong. Everything in their uniform traffic citation statute plainly states "in the presence of the officer".

I was a cop for years, worked traffic, wrecks, sometimes daily. I have written a lot of tickets in my life. I never once pulled up on a wreck and wrote someone who flipped off the road, or skidded into a tree, for failure to maintain control, speeding etc. The reason being is it didn't occur in my presence, That's why witness statements, pictures, driver statements, weather conditions, and general observations are written in the report and turned over to the insurance. I only issued citations on wrecks for concrete facts like suspended license, no insurance, expired tag, improper equipment, DUI.

If a defense attorney asks me "did I see the accident occur?" and I say no, his response would be "then why did you issue the citation?" My client said the Werner truck hit him, did you cite the Werner driver?" No sir. "Did you see any evidence five miles back of the accident?" No sir, I came from a different direction. Did you see the video of the accident? No sir, the Werner driver said it couldn't be downloaded." So let me get this straight, you wrote my client a ticket based on what another driver said, not even knowing if the accident occurred in your jurisdiction, having not even seen the accident scene or even witnessed the failure to maintain lane control?" Yessir. No further questions Your Honor. The court moves to dismiss the charges and admonishes the officer not to waste the courts time again,

 

If the dash cam works 24/7 somewhere in its recent memory will be the record of events. If he's looking to make you a scapegoat Werner will know fast but I bet they wont tell you. If he does get canned for lying he won't be in court I'm sure. But I'd lawyer up anyway tbh.

 

Did you get ahold of Werner's safety department?

 

I predict that this thread will be closed shortly.
One driver should really be letting his wife post for him, to reduce confusion. She won't. To much hassle, or doesn't exist.
Every one else is saying that the OP should be discussing this with an Attorney.
Its clear as mud to me that Werner screwed the pooch and want' someone else to take the blame for it.