Careers: Police/stop sign run

Advertisement

Expert: - 9/23/2008


Question
QUESTION: I recently "ran" a stop sign and I think the officer may have been mistaken because of a bus that turned in front of me may have blocked his view. I was wondering how I can prove that the officer was mistaken or if its a 18 year olds word against a officer of the law.

Is there even any way they can prove that i committed the infraction?(It was a motorcycle cop if that makes any difference.)

ANSWER: Hi Nathan,

Almost all traffic court appearances are the drive vs. the officer. The officer is usually taken to have given a true statement. They only way that you can beat a traffic ticket (sometimes) is to have witnesses that the officer did not have. Third party, non-interested parties. Which are hard to get of course.

So to answer your question, its probably not going to be easy. But you have the right to be heard and have your side of the story told in court, thats why we have a court system. That sometimes makes people feel better.

Hope this explains it a bit. Be well and drive safe..

---------- FOLLOW-UP ----------

QUESTION: Thank you for your quick response but I have one more question. If its my word vs. the officer then why does the back of my ticket says that if i contest the ticket "The state must prove by preponderance of the evidence that I committed the infraction."? Thank you once again.

Answer
Hi again Nathan,

Preponderance of evidence means that they only have to prove 51% that you did it. Its not the same as a criminal case where you have to prove beyond a reasonable doubt. With it your word against the officer, he is a trained observer and trained in traffic law. Thats why his word gets the 51%. I am not saying they are always right, just thats the way it is.

Be Well..

Careers: Police

All Answers

Answers by Expert:

Ask Experts

Volunteer

Chris Wagoner

Expertise

I have been a police officer for 30+ years! I am the Police Academy Commander at the Santa Fe College, Institute of Public Safety in Gainesville Florida It is a full service Law Enforcement and Corrections training facility. I can answer most questions concerning law enforcement procedures, law enforcement training and general questions about law enforcment. I can also answer questions about becoming a law enfocement officer. I have a booklet and web page I have written that answers many questions about how to become a police officer called "So you want to be a cop (police Officer) in Florida?", which is free, Google it.. All you have to do is ask. I teach the following subjects: RADAR/LASER, Law Enforcement Driving, Law Enforcement Firearms and Patrol Techniques, Officer Safety, WMD's for Patrol Officers, Application of Law, Communications skills, Dealing with the Mentally and physically handicapped, and many more subjects. I have worked as a subject matter expert for the Florida Department of Law Enforcement and helped to write the police curriculum for the State of Florida. I like answering questions about how to become a police officer, and questions about why did an officer do this or that type questions. I also like answering any questions you may have about police work in general. I do not mind helping with homework questions or trying to answer your questions about legal subjects that I have knowledge of. You will never know the answer until you ask! If you do ask a question, PLEASE take the time to at least rate the answer. I do not get paid to answer these questions and do it on my own time. If you ask, please rate it when I answer. Thanks!!! If its a question about becoming a police officer, it may be answered here: http://sites.google.com/site/flaleohelp/ My "hobby" website - http://www.youtube.com/user/3rdID8487 Military Videos on YouTube and Facebook!!

Experience

I am a 30+ year veteran police officer, I am currently the Police Academy Commander of an Academy in North FLorida. I have been training police officers since 1993 and have trained them in all aspects of law enforcement, including firearms, Driving and legal subjects including patrol techniques and others and training all over the world. I have trained over 5000 officers worldwide in the last 16 years of training.

Publications
I am a published author in Accident Investigation from the University of North Florida, Institute of Police Technology and Management. Also have written and published on the Internet, "So You Want to be a Cop (Police Officer) in Florida?" you can Google it..

Education/Credentials
I have 2 degrees, in Criminal Justice.

Awards and Honors
Phi Theta Kappa, plus 50+ Departmental Awards over the years. FBI Directors award for assisting in a Nationwide investigation into Child pornography.

©2012 About.com, a part of The New York Times Company. All rights reserved.