Should a person be able to cause a motorest to recive a traffic ticket?

   / Should a person be able to cause a motorest to recive a traffic ticket? #1  

jaxs

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Most of us witness flagerant and dangerous violations almost daily. "IF"one has video "AND"is willing to appear at hearing and court,should there be provisions by law inforcement to review complaints and issue a ticket if case is good enough? Should compailant be required to pay a filing fee to prevent unfettered and frivolous complaints? Fileing fee refunded if and when fine is paid. If complaintent fail's to appear at hearing or in court,they receive a contempt of court fine. Many felons sit in jail based on citizen testimony and/or video taken by a civilian,why not potential negilant homicide drivers? Rolling stops at blinking red. failure to obey speed limit and similar wouldn't qulify. Here's the type I'm thinking should. 3 to 5 mile stretchs of state hi-way near me has been under construction for 5 years (sections change every few months,the same 3 to 5 hasn't been under construction all that while). Several head ons have occurred,some resulting in deaths. It isn't uncommon to see a vehicle jump line by zipping up oncoming lane to crowd in a few cars ahead. I have seen 2 drivers using coned off construction side of road to pass several cars before crossing cones to get back in proper lane(workmen present both times). I feel multiple complaints would result for some of those. One last question. If citizens can't make a complaint,if an officer witnesses and issue's citation for the examples above,should penatility be more similar to DUI than to passing in no passing zone?
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #2  
The "citizens arrest" law/laws covers infractions (most driving violations). However, most officers are unwilling and or don't have time to process most of these. The court appearance can also be difficult for the "average" citizen as they would be subject to aggressive cross examination and the justifiable questioning of their expertise in traffic law.
I am not an expert in this area but did find myself in an unfortunate situation years ago that relates to your topic. I learned way more than I should have needed to about the subject.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #3  
This would be an unbelievable slippery slope. People would make up stuff if they had a grudge to settle. Videos can be altered, etc. I think your intentions are good, but I'd leave it to the cops.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #4  
I believe Tom has the correct idea. Look how easy it is to modify videos, etc. Our world is no longer - "you can believe it with your eyes".
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #5  
I would say take the video, give to the police, court and let them decide what was proper action on their part. Why not talk with the law enforcement in your area and ask for their thoughts and might be they have a program where you could be trained for such. No doubt there are ex law enforcement officers who can give great advice here.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #6  
General comment (not intended to slander) on a grammatical issue that bugs me. The word "ex" is used when using "former" is in better form. in the military jargon "ex" is only used for those with less than honorable service. There for I, am former military rather than ex military. Police officers may feel the same way.

Ron
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #7  
General comment (not intended to slander) on a grammatical issue that bugs me. The word "ex" is used when using "former" is in better form. in the military jargon "ex" is only used for those with less than honorable service. There for I, am former military rather than ex military. Police officers may feel the same way.

Ron

Then my retired relative is an ex policeman, a real dirt bag.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #8  
The "citizens arrest" law/laws covers infractions (most driving violations). However, most officers are unwilling and or don't have time to process most of these. The court appearance can also be difficult for the "average" citizen as they would be subject to aggressive cross examination and the justifiable questioning of their expertise in traffic law.
I am not an expert in this area but did find myself in an unfortunate situation years ago that relates to your topic. I learned way more than I should have needed to about the subject.

I would venture it would depend a lot on the violation and the damage or injury done, if any. From what I'm told, it would be unusual for a LEO to handle a misdemeanor that they did not observe themselves. If the perp chose to challenge the violation, and it had to go to court, the government would have to mobilize a lot of resources to set up a hearing with outside witnesses, who may or may not show up, may or may not change their testimony, etc. It's so much easier to write a ticket and have the guy pay. I was told by a sheriff that they wrote mostly warning tickets, because the County only received $5 from a fine for the violation of a state law; exceeding speed limit on a state HW, etc. In other words, they try to use their resources where they will be the most effective.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #9  
Answer to OP's question, NO.

I'm not a legal expert but this is how I see it.

Your video has no chain of custody so it is not admissible. As mentioned, too easy to edit and falsely accuse.

Without stopping the driver immediately following the incident, how can you prove who was driving?

If law enforcement were to ask the owner of the car, they can simply say nothing. 5th amendment right.

So....no case.

What you should do, is call the local PD or highway patrol and complain every day.
They service areas based on complaints.
Eventually they will stake out the area.
 
   / Should a person be able to cause a motorest to recive a traffic ticket? #10  
I would venture it would depend a lot on the violation and the damage or injury done, if any. From what I'm told, it would be unusual for a LEO to handle a misdemeanor that they did not observe themselves. If the perp chose to challenge the violation, and it had to go to court, the government would have to mobilize a lot of resources to set up a hearing with outside witnesses, who may or may not show up, may or may not change their testimony, etc. It's so much easier to write a ticket and have the guy pay. I was told by a sheriff that they wrote mostly warning tickets, because the County only received $5 from a fine for the violation of a state law; exceeding speed limit on a state HW, etc. In other words, they try to use their resources where they will be the most effective.

Infraction- ie speeding
Misdemeanor- ie trespassing

Either case if a citizens arrest is made you would probably be in court as a witness.
 
 
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