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Question
ok so i got a smoking ticket in the mail (i am under 18) but the date on the ticket is like a month ago and i asked the cop about it and he said he saw the same article of clothing that i had on at school that day on someone at the skate park who had got out of a car. The police officer did not identify me personly and he has no recollection of the make,model or color of the car i happened to get out off
Am I Liable for a Ticket??
Dylan,
It is hard to say if you are liable or not because I am not sure where you live or the jurisdiction where you were issed a citation from.
Regardless, most jurisdictions have a statute of limitations on the amount of time that can pass from the date of violation to the date a citation is issued. Most jurisdictions are one month. The officer may or may not have violated that statute. Make sure you check.
The officer will issue the citation because he or she witnessed the violation and can attest to the details of the transgression of the law. If the officer did not witness the illegal act then he or she must rely on a competent witness who did.
Either the officer or a witness must place you, Dylan, at the location specified on the date and time specified on the citation. The officer or a witness must testify that you were smoking a cigarette and that you were and are underage.
The officer should be able to convince your local court that a violation took place and that you were the one who committed the offense to a reasonable degree of certainty; usually "beyond a reasonable doubt."
If the officer and/or a witness cannot convince the court that you were in violation or even at the location at the time and date in question then chances are that the citiation will be dismissed.
Just my two-cents, I hope it is helpful to you.
Best of luck.
JP
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Jeffrey-Peter Hauck
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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.
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