Just got a ticket

Go check out my "why you don't swerve" thread...added a new link to a news story yesterday that had the interstate shut down. Driver "swerved to miss a deer" and rolled it, then was hit by another truck. Guy who swerved and flipped received a few citations. Why? Because EVIDENCE pointed to the violations.

Or is a cop not allowed to arrest someone for murder, either, unless the cop was actually there to witness it?

It is called EVIDENCE. If there is supporting evidence to suggest the likelihood that a violation occurred, charges can be brought. The state must prove those charges beyond a reasonable doubt. If they cannot, the person is presumed innocent and charges will be dismissed. The cop didn't have to see the video at the scene. If the video is produced as evidence at court, it will be viewed there. If the video does not make it to court, there is no evidence, and like you stated the officer cannot testify to what happened only hearsay. The other driver is the witness against the OP. If the other driver shows up without the video, it becomes "he said/he said" in which case ALL the officer can do is testify as to what was stated at the scene. OP wasn't sure what happened...other driver was positive as to what happened and claimed to have video, but unable to show that video at the scene. That is the only testimony the officer can give. Other driver doesn't show up, case dismissed. Shows up with no video, less likely to be dismissed but still possible. Shows up WITH video, and the video will prove the case one way or the other.

 

@pedigree I agree with you about evidence, in cases where a truck lays over in circumstances where it shouldn't. I'd issue citations in a rearend accident, a failure to yield t bone accident, a head on collision for failure to maintain control, proper lane, etc.

 

I wouldnt have to witness the accident to see that a violation of state law occurred. In this instance though, we don't know where the accident takes place, one person has damage and the other supposedly does not. One says he was hit, and the other says he doesn't think he did. Its too ambiguous for the officer to decide on a clear violation without supporting evidence, or witnessing it in person. That's why I say to fight it. If the cop gets video evidence proving otherwise, then he loses in court. No offense to the OP, but I tend to believe the Werner driver because he clear cut proof if he is lying or telling the truth and went to the extent to call the police. Finally I agree that there are misdemeanors and traffic citations that don't have to occur in the officer's presence, but taking the OP at face value, there isn't reasonable doubt that he was at fault until video proves otherwise.

 

@misterG, I assure you she is an active practicing atty, and I am willing to pm you her active bar number and her name so you can see where she works. I'm not making the info public, and she won't get on here and comment and possibly be involved in any potential litigation, regardless of the unlikelihood of it happening.

 

No way did your tire do that. That mark is above his tire height. It doesn't add up.

 

lol! You guys sound like bickering little kids.

Truck drivers...lol!

 

Arguing is one thing truckers is good at! We could argue the moon down and the sun up! We could argue all the ears off a field of corn!

 

How do you think we entertain ourselves for hours in our 5x8 cells?

 

Quit with the BS.....Did you hit him or not? Quit playing around here and Man Up.
You KNOW whether or not you hit him.


Not the end of the World- So you made a mistake- Happens..........Have your insurance fix his truck,And Forget about it......

 

I'm going to tell you this and make it stick somewhere in your head

If anyone says you did something if you disagree say NO I did not. Especially to a police officer the words "I don't know" I don't think so" are all guilty.

If you get pulled over for let's say speeding and they ask you do you know how fast you were driving? You say (whatever the speed limit is)
Never second guess yourself or look in doubt. Because you will pay for it.

The other driver said YOU hit him and you "don't" think you hit him. Who's side would you take if you were a cop?