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Can Police Officers Issue Tickets for Unwitnessed Violations?

Posted by Terri B. Kalker | Jul 16, 2024 | 0 Comments

It's a common occurrence that might have happened to you or someone you know, as it happens more frequently than many realize. Consider this scenario: After a day at the office in Syracuse, New York, Alex is heading home to Baldwinsville. Alex, who prides himself on his cautious driving and flawless driving record, is navigating the interstate. He briefly checks his side mirror, but when he returns his gaze to the road ahead, he is shocked to find traffic has come to a standstill. Unable to brake in time, Alex rear-ends the vehicle in front, causing a significant crash. When the police arrive to assess the situation, Alex is unexpectedly issued a ticket for following too closely (VTL § 1129-a), despite the officer not having witnessed the event.

Is it justified or legal for an officer to issue a ticket for an incident they didn't witness? This pertinent question highlights why it is critical to seek advice from a traffic ticket lawyer if you're faced with such a predicament.

"Following Too Closely," commonly known as "Tailgating," is a violation in New York State that adds four points to your driving record. The base fine for this offense is $150, plus a $93 surcharge. If you have previous violations, expect potentially higher fines and the possibility of facing Driver Responsibility Assessment Fees. Importantly, this violation can also lead to significant increases in car insurance premiums.

This type of ticket is not typically issued by itself. It's most often given out after a traffic accident or alongside other violations.

At the Terri B. Kalker Law Firm, we are seasoned in dealing with such complexities. Many drivers are unaware that, by law, an officer must witness an infraction to issue a ticket for it directly. Nonetheless, it is not uncommon for officers to issue tickets after arriving at the scene of an accident. If the infraction wasn't directly observed by the officer, this might serve as a valid basis for dismissing the ticket.

Our expert traffic law attorneys are here to determine if your case might require a motion to dismiss or if it would be more appropriate to negotiate a plea. Book a free traffic consultation with the Terri B. Kalker Law Firm today by visiting our website at http://www.ticketdefendersny.com  Let us assist you in understanding your rights and deciding on the best strategy for handling your traffic ticket.

About the Author

Terri B. Kalker

I have been successfully defending motorists accused of all types of moving violations. Regardless of the charge, we realize it is important to you and we treat it so. My staff are all professional and at your service as soon as you call. We maintain extended business hours for your convenience. ...

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