Is it just your word against the officers in traffic court?

billyandgaby

Yes it is. It isn't like he will even remember you. He reads the file right before he shows up. A lot of time they don;t show and then you win.

Bring a witness to say that they were in the car with you and than it is 2 against 1

Mustang Gal

No, sometimes it is your word against the officer and his or her video camera.

Generally speaking the judge has had the officer in his court many times. He already has an opinion of this officer's credibility. Be completely honest, judges are lied to all the time. They know when they are being played.

luis

fight it

tabbyjo27

yep, your usually screwd.

machine_head_327

The judge will definitely be more partial to the officer and take his word above yours, simply because 1) It's his job integrity on the line, and if he's lying he could be in big trouble, 2) What does he care if you get nailed or not? He's just going to tell his side, and you tell yours, but theres a much greater chance that the offender (you) will lie or exaggerate, because its going to cost YOU the time and money, not the cop.
And finally 3) Two words...Dash Cam.

mike g

yes unless you had a passenger

I see you

Make a motion to dismiss the case on the grounds that the prosecution has a lack of evidence - no witness. Didn't the prosecutor say you to "You want to reschedule this, right...." You are your defense, do not cave in to the other side.

taters_0

Not always, but very often it is your word against the officer's. Sometimes the officer will have your offense on video or maybe even have a third party witness (this is quite rare unless there has been accident). In the case of accidents, you often have other witnesses and physical evidence of the accident.

Elana

The State (in this case, the police) has a lower burden
of proof to meet with traffic fines than with traditional
arrests.

I believe they only have to meet "Is more likely then not"
rather than "Beyond a reasonable doubt".

Unless you are Mother Teresa, you are likely to be
considered less credible than a police officer, so unless
you have some evidence to contradict the state, you're out
of luck.

And if you think about it, that is as it should be. Theoretically
the police have no vested interested in your guilt or innocence.
They don't know you and they have no financial gain or loss
if you are found guilty or not.

You, on the other hand, have a very definite financial loss
to be effecting any evidence you provide (such as testimony).
That makes you less credible. It is in your best financial
interest to say that whatever the offense was didn't happen.

If the police officer knew you before hand, you might make
a case that he has a vested interest, but you'd have a pretty
high burden to meet. If the officer was "out to get you" and
you had evidence to that effect, than by all means provide
it.

akablackbetty

the judge always goes in the cops favor, even if hes lying. they caught a cop lying in court about my brother, after they viewed a video, the judge said there no way, this could have happened like this officer is saying. they dropped the charge,but did nothing to the cop for lying.you can forget about the cop showing up, he will be there even if he breaks both legs, arms and his neck.

aitutaki98

The burden of proof in traffic court is usually lower than in criminal court. Most states have de-criminalized the traffic code and made them civil infractions. The burden of proof is on the state and in civil court it is by the preponderance of the evidence. Preponderance can be analogous to 51% guilty compared to 90-95% guilty in criminal court. That is why it is so much easier for someone to be found guilty in a civil suit than in a criminal trial. OJ Simpson is a good case in point. It is VERY difficult to win your case in traffic court.

dapixelator

Depending on the violation, you are pretty much toast.

Speading-- radar, pacing, etc. You're paying the ticket.
Red light, stop sight-- maybe could beat it (unless there's a red-light camera)

JennyJ

The burden of proof is on the prosecuters. Remeber "innocent until proven guilty" and another tip, they can only reshedule so many times. The is a statute of limitation on that. In FL is 90 days. Good Luck

Brian Da Dog

Well, lets look at it from this perspective. If its your word against the police officers...will the judge...who is being paid by the local government...throw out the ticket whos fines will be going to the local government inwhich he collects his paycheck. Your best bet is to get traffic attorney, have it negotiated to non-moving violation, and look for the positive spin why you just took it up the donkey...

dcw13

In a real court, you are not guilty until proofen beyond a reasonable doubt.

But not in a traffic court, i know it is sad, you are guilty unless you can proof that you are not.
I been to traffic court many times, its very unfair system.
They cant help it, there are just too many cases, and they know that no one gets hurt too badly if they are wrong, so they move the case alone as quickly as possible.
If you slow them down, they will punish you more, but imposing the max fine and make you go to traffic school at the same time.
You end up paid double.
Just go to the traffic school and forget about it, being right doesnt always work in life.
Unless it is a big deal, like if you hurted someone, then get a lawyer.
Good luck./

green is clean

Pretty much unless you have photographic evidence or video footage.

Quasimodo

They'll call the cop if to testify if need be. Your choice to accept guilt (if you are in fact guilty) or ask for a jury trial. Of course...if convicted you'll get the max fine in a case like that.

my_opinion_two

Yes It is your word which means really nothing in court if the officer shows up. You have a chance if he doesn't show up which in many cases they are too busy or just don't show for I don't know why.

dinosf

Generally the officer is presumed to be truthful, as they have no personal gain from citing you. Whereas you have something to lose.

pink36

at my court if the cop is no show you dont pay lol

Frank

Make sure you talk to the prosecutor before entering the court room. You can sometimes cut a deal with the him. If you think that you werent doing the speed that the officer said you were, ask the judge to find out when he had his radar detector calibrated last. That would be your only way out of a speeding violation. I've been pulled over for everything except for a DWI so far. If you need anything else, let me know aceospades480@yahoo

Blunt Honesty

Yes, but everyone says they are innocent, even the guilty ones. Cops can lie through there teeth, and unless you have proof, the court tends to believe him/her over you. Your best bet is to hire an attorney to represent you if you really are innocent.

Carmen B

In there were no witness,probably yes

Lindsay D

Yes, unless you have several witnesses you are basically screwed... the Judge will always take the word of the cop over yours...

TopNotch

sad but yes. you're a nobody

Enter Your Message or Comment

User Name:
User Email:
Post a comment: