Has anyone ever contested/denied a police charge?

zac c

yes! deny it! even if you were gulity! most of the time a cop wont show up in court, and then if he does, he has to prove beyond a reasonable doubt that you were on the phone. my ex recently fought a mip charge cuz the car was mine and the alcohal was in my trunk, she won. i actually beat a speeding ticket years ago with the police not appearing. and i beat a dui 10 years ago, on legal technicalities. always, always, always, plead not gulity, especially if you are innocent. the court is very backed up all the time, everywhere, and the judge and prosecuter bank on 90% of the cases being handled outside of court (plea bargain). you should not get 3 points for this offense anyway, id lie my tail off if i were gulilty, that is such a pathetic law of its own. im sure you're innocent, but even if you were'nt the beauty of the u.s. judicial system is, "you are innocent until proven guilty", although sometimes you have to get out of jail to prove your innocense. good luck-zac

coragryph

Any time someone is tried in court, they are contesting and denying a police charge. So, yes, lots of people have.

The basic standard rules applies whether you're talking about traffic court or any other criminal court. The govt (prosecutor) must prove all elements of the offense beyond a reasonable doubt. You can also present evidence in your defense.

The question is -- who is the judge likely to believe, it it comes down to a pure case of he-said-you-said?

Your best bet would be to get copies of your cell phone records. If you can prove that your cell phone was not in use at the time the police officer gave you the ticket, that might convince the judge.

rebel

get a solicitor and get him to get your phone records,that will show if your phone was being used at the time of the alleged offence

oracle_cat

A friend of mine contested a speeding fine, went to court and received a bigger fine a nd more points, be careful

Penny K

If you contest, be prepared to prove your case. The arresting officer has to prove his case as well. They may have pictures. However if you really weren't on you phone then no worries. You usually have to pay the fine and plead not guilty and then set a date to go to court. If the officer doesn't show up, you automatically win your case and get your money back.

frankturk50

I think it is obvious you are from UK but still get allthe pointless answers about US law.In a UK court the police officer WILL turn up.It will be your word against his and phone records prove nothing you could have been dialling or about to answer a call.That is still using the phone.

nicemanvery

Make a fight of it mate , after all it's up to them to prove your guilt , not the other way round !!

woznotwoz

Yes according to a previous post you can lie all you want, but if your found guilty you will get a larger fine and the court costs you will have to pay will be alot larger. Witnesses have to be called causing delay to the process and theses people can also claim expenses part of which you may have to pay for. So if you are going to do it get you facts right. If you have a witness and he is lying and gets caught out he/she is off to jail full stop and you should really think about that.
If you genuinely believe you weren't using your phone then go ahead and plead not guilty, it's your right.

arethusa_lad

Yes when my son was interviewed and conned into saying the tapes he had bought were so cheap they must have been stolen. At first I was told I could not read his statement, only his legal Representative could do that, so I identified myself as being just that I am his father and give him advice, some of it legal. Then I showed a printed flyer from a local shop with prices way below what he had paid. The policewoman concerned did some stuttering and later the charge of receiving was dropped. He was admonished by a senior officer and bears no mention of the occurrence on any of his records. My advice is, never make a statement unless you understand the charge and you write it yourself. Never answer questions and allow someone present to put it in their words what you are saying and then sign it. No, give yourself time for thought. Don't tell lies, but be careful how you tell the truth..........

old fuzz

Certainly you can contest the charge, that is what the courts are for. Your citation should have a court date on it. If it doesn't, call the clerk of court to find out when you can or are to appear.
When you get to court, more than likely it will be traffic court, you will find a judge, the citing officer, and a prosecutor. You don't have to have a lawyer, all that is at risk here is fine money and license points. The judge will read you your rights, explain the charge to you, and ask you for a plea. You plea, "Not Guilty". The prosecutor puts the officer on the stand and the officer will testify that he saw you using your cell phone while driving.
Your word that you were not doing that will be ignored by the court. The officer's testimony will be accepted over yours. You must PROVE you were not using the phone. How do you do that?? You go get a copy of your cell phone bill. It should show the DATES and TIMES you used the phone. If you did not use the phone on the date or at the time the citation was issued the judge will find in your favor.
Go for it Perry Mason. . .

Kate

People do it all the time. If the cop doesn't bother to show up to court the case will be dropped for lack of a witness. If you truly did not commit the offense, go to court. I've seen countless parking tickets dropped because law enforcement doesn't bother to show in court. You might want to gather some evidence or other witnesses before hand in case the cop does show. That way you can tell the judge that with a contiuance you would be prepared to offer evidence and testimony in your defense.

bicballpoint

Contest it and demand proof. Unless they have photographic evidence it is a question of your word against theirs, and generally in a magistrates court they will side with the police officer.

However if I were in you position I would go to the police station and make a formal complaint about the police officer, making a false complaint against you.

Then if they do not back down, your complaint against the police officer must be taken into account in court. Guilty people do not often make a formal complaint.

Ask the police officer, if he has been given targets to meet on reporting people for using mobiles while driving, and does he stand to gain financially by meeting these targets?

Ask before the court case and I think you'll find they may well back down.

Snuffy

sure it's done all the time, prove your case or the officer don't
show and you're home free. You are however, guilty unless
you can prove/convince the judge of your innocence.

fr_chuck

of course, if you are not guilty you should try to support your case

Pooky Bear the Sensitive

This will go to traffic court. It will be your word against the officer and there will be a presumption by the court that the officer is telling the truth. However, always fight every ticket. You can only win - the officer might not show up and usually the judge will drop the points or the fine just to make a compromise.

osama

last year i was driving a lorry in Southampton and i hit another Lorry's wing mirror both lorries did not stop about 3 hours later when i was in the depot i got a call from Shirley police station telling me i had to go and make a statement i explained to the officer it was not my fault but to cut a long story short i was told i had to go to court and bring my licence i was fined and given 6 points but the best part was that my licence is Irish not UK so i did not bring my licence so the judge told the clerk to check my licence through Swansea [ NB any non UK licence holders don't bring your licence to court they cant check your licence only Swansea licences ] the clerk came back spoke to the judge the judge told me you have no licence i said i do but not English my licence is Irish the court thought because i worked for a English company my licence was English my solicitor then explained the situation and all i paid was 30 pound fine instead of 6 points 200 pound fine and costs. good day all round that's how you beat the courts

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