Q: does a police officer have to witness a misdemeanor traffic offense to issue a ticket?
passengers in two cars were involved in a road rage argument blocking an intersection. neither was moving . I went around them and turned left in the intersection. Both cars followed. One of the drivers then started tailgating me on my motorcycle. I pulled to the left side of the lane. the driver then pulled next to me and bumped my bike. I fell over. No other tickets were issued. Apparently when I said I had passed the cars I had admitted to a violation
police were summoned. I was given a ticket for passing the cars. Don't police have to witness a misdemeanor to give a citation ?
A: Under the common law "misdemeanor arrest presence rule" a police officer must witness the misdemeanor or else cannot arrest for it. But the police officer can issue a citation or summons to court on a misdemeanor (much less inconvenient than being arrested). Your description sounds like reasonable response to an emergency. I'd suggest fighting it in court, with a trial if need be.
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