Asked in Traffic Tickets for Minnesota

Q: Can an officer write a ticket if he wasn't present at the accident? Is that considered hearsay?

I got in a traffic accident. The trooper who issued the charges against me was not at the scene of the accident.

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3 Lawyer Answers
William Bailey
William Bailey
Answered
  • Traffic Tickets Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: An officer can issue a citation if they have reason to believe a law was violated. If you want to contest the charges, you should contact an attorney and set up a free consultation.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Traffic Tickets Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The rule against hearsay only applies in a courtroom. It doesn’t apply when it comes to issuing citations.

William Bailey agrees with this answer

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Police can investigate a traffic accident, including for potential criminal or traffic violations. Police rarely witness traffic accidents. Police can issue citations for traffic and some criminal violations if they think they have probable cause to do so, even if they did not witness the accident personally. In the event of a trial or other court hearing, the police officer's investigation report typically identifies witnesses who can testify. When those witnesses testify about events they personally witnessed, that will not be hearsay. If charged with a crime or traffic violation, be sure to consult a criminal defense attorney for help.

William Bailey agrees with this answer

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