Q: can a traffic ticket infraction issued at the scene of an accident not witnessed by officer be challenged or dismissed
base on the fact it is an infraction, will the courts dismiss this if challenged
A:
Absolutely! The fact that you can challenge something does not mean you will win. However, if the cop did not witness the infraction, the state would need to produce the witness that saw the infraction to avoid a hearsay objection.
It is important to object to evidence that does not conform to the rules of evidence.
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