Q: could my citation potentially be dismissed due to invalid information?
I was recently involved in a fender bender with a sheriff who was in his civilian vehicle(big truck). We were stopped at a stop sign and he started to move forward so I assumed he was driving off and veered my head over to check for oncoming traffic, only to bump into him when I looked forward again. No damage to his vehicle and minor cosmetic damage to mine. He stepped out in a full sheriffs uniform and told me someone would be there shortly. After about an hour and a half a state patrol officer shows up, takes our information, and issues me a citation for following too close, only on the citation he wrote that the roads were dry. It had been raining all day and was still raining when he got there. I took a picture of the roads next to the citation. Could my case be dismissed?
A: To be real honest because the other driver happens to be law enforcement it gets a little more tricky. It may not be as simple as just saying he's "Nope didn't do it". You will need to do more. There are motions that must be made and subpoenas may be necessary to keep law enforcement honest. You will want to get your own attorney because your insurance company will not represent you in the traffic citation. However, what happens with the citation will effect the accident case. I hope this helps.
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