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ic_mightymouse

Can you receive a ticket while at your house?

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Hello. My nephew recently got a wreckless driving ticket while he was on his couch watching tv. On his way home from work he supposodly spun his tires at a stop sign and threw rocks on the car behind him and they called the police. He went to court for the ticket and wasn't truly given the option to defend himself and was even laughed at by the judge when my nephew asked wheres the proof I did this damage. Judges response " I don't have cameras on every street corner and don't have to prove it. She said it was you". His traffic court then turned into a personel claims/ civil / criminal matter. The other driver then went on the stand under oath and said he did it. He was told he had to pay her $1800.00 in damages or go to jail today unless a payment plan can be arranged. Somehow $400.00 a month was decided. I know this is alot more information than just a simple question but i feel my nephew was railroaded by small town politics. Is there anything my nephew can do? Can a traffic matter and personel claims matter be handled in the same court hearing. Thank you very much for any information

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You did not specify in what state this is taking place, and that matters since it is state law that applies to most of this. As part of the sentencing in some criminal matters the court may order restitution to victims for the harm caused by the crime. This is not a civil proceeding; it is still a criminal one and failure to pay the restituition as ordered could result in additional jail time. That's what it sounds like happened here: the court ordered restitution to a victim of this incident as part of the criminal proceeding.

 

Very generally, the cops in at least most states certainly may give him the citation at home for the alleged traffic violation as long as they have probable cause to believe that he committed the offense. The cops do not, as many folks seem to think, need to give citations immediately on the spot where the traffic offense occurred for the citation to be good. 

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He went to court for the ticket and wasn't truly given the option to defend himself and was even laughed at by the judge when my nephew asked wheres the proof I did this damage. Judges response " I don't have cameras on every street corner and don't have to prove it. She said it was you". . . .  The other driver then went on the stand under oath and said he did it.

 

What more evidence do you or your nephew think might exist?  Did your nephew take the stand and deny that he did it or that he was in the area at the time?  And what do you mean when you say he "wasn't truly given the option to defend himself"?  Were you present in the courtroom at the time?

 

 

 

i feel my nephew was railroaded by small town politics.

 

Nothing in your post supports this conclusion.

 

 

 

Is there anything my nephew can do?

 

One would assume he can do lots of things, including appeal, but that depends on the laws of the unidentified state where this occurred and on how long it's been since this happened.

 

 

 

Can a traffic matter and personel claims matter be handled in the same court hearing.

 

It's certainly possible, but it's unlikely that's what happened.  More likely, he was ordered to pay restitution, which frequently happens when the commission of a crime (and yes, reckless driving is a crime) results in damage to another person or property.

 

And, to answer the question in the subject header of your post:

 

 

Can you receive a ticket while at your house?

 

Your nephew did receive the ticket while at his house, which makes the answer to your question obvious.  If your intent was to ask about the legality, in no state does the law require that suspected criminals be caught in the act.  It's no difference when the crime is a traffic offense and the suspected criminal is given a ticket instead of being arrested.

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This happpened in Indiana. It does make sense what you are saying If a criminal offense had occured and he was on trial for a crime. Is this considered a crime? He simply went to try and argue his ticket. Shouldn't another court hearing have been set for the financial responsibilty ? I didn't know if smaller towns have to run everything together to keep things finincialy sound... per say. If so it would all make sense or even if he was going to court after getting arrested because it appeared as if he was on trial for a crime. I guess he didn't miss out on the right to a speedy trial. It was so speedy he didn't even know it was happening. I did not know a cop could give you a ticket at home and think this is a flaw in the system. I should do this same scenario once a month. No insurance company to involve so no insurance fraud. I already know a cop and an auto body shop owner to put me over the top on the trust worthy side of things. At worst it would be false reporting of a crime. But, wait there doesn't need to be any proof except he said she said. I truly do appreciate your input. I thank you Sir... or Maam. Your name doesn't reveal gender

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my nephew never was asked to the stand to be under oath. He did tell the police officer he was in the area heading home form work the day of the incident. The officer was asked to speak and then the lady accusing him was on stand. It was not a trial. Ive been through a couple. "You are accused of... how do you plead". "Not Guilty"." OK trial will be set for this day". None of that occured. I was not there this is information from my sister. The railroading may have been a bit much. I just figured the lady was more well known in the town than him so he wasn't given a chance... maybe. Also. there is no evidence supporting either party. Which is the point my nephew was trying to make. Not specifically " prove I did it". I can get an auto body estimate for damage just as easily as the next person. It wasn't a jury trial. But, reasonable doubt, innocent until proven guilty are two main blocks in the wall of justice right. Anymore its guilty unless you can prove to us your innocence.

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It does make sense what you are saying If a criminal offense had occured and he was on trial for a crime. Is this considered a crime? He simply went to try and argue his ticket.

 

Yes, reckless driving is a crime, and I'm not sure what doesn't make sense to you.  While it's hardly a high-level crime, it is a crime nonetheless.

 

 

 

Shouldn't another court hearing have been set for the financial responsibilty ?

 

No.  That would be inefficient.

 

 

 

I did not know a cop could give you a ticket at home and think this is a flaw in the system.

 

Why?  Do you also believe that, unless murderers are caught in the act, cops shouldn't be able to arrest them?  If not, what do you perceive is the difference, other than the fact that reckless driving is typically handled by issuing a ticket, as opposed to a custodial arrest?  Do you understand, that, when you get a traffic ticket, you are technically "under arrest," and that signing the ticket constitutes your promise to appear at a later date in lieu of being taken into custody?

 

 

 

 I should do this same scenario once a month. No insurance company to involve so no insurance fraud.

 

So...you're ok with committing fraud and lying to the police (and, presumably, lying under oath when these cases go to trial), but you're not ok with insurance fraud?  Is that really what you're intending by this?  If so, that's one heck of an interesting value system you have.

 

 

 

I already know a cop and an auto body shop owner to put me over the top on the trust worthy side of things.

 

Why would knowing these folks have any bearing on your credibility?  Or are you saying that you believe these persons would conspire with you to commit your proposed crimes?

 

 

 

my nephew never was asked to the stand to be under oath.

 

Well...after someone else had gotten on the stand, been sworn in, and testified, that probably would have been a good time for him to ask to do the same.

 

 

 

It was not a trial. Ive been through a couple. "You are accused of... how do you plead". "Not Guilty"." OK trial will be set for this day". None of that occured.

 

Trials for traffic matters are not generally handled in the same way as "regular" criminal trials.

 

 

 

Also. there is no evidence supporting either party.

 

The testimony of a single witness, if believed, can be sufficient to convict someone of almost any crime (and the only exception I'm aware of is treason).  The testimony of the complaining witness, coupled with your nephew's failure to testify in his defense, was more than sufficient.  It is something of a common myth that testimony not supported by physical evidence is no good.

 

 

 

It wasn't a jury trial. But, reasonable doubt, innocent until proven guilty are two main blocks in the wall of justice right. Anymore its guilty unless you can prove to us your innocence.

 

There is no constitutional guarantee of a jury trial when punishment by imprisonment isn't possible.  The presumption of innocence was overcome by the testimony of the complaining witness.  Given your nephew's failure to controvert the complaining witness's testimony, on what possible basis could reasonable doubt possibly have existed here?

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