Is it legal to write a citation when there is evidence proving innocence?
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Is it legal to write a citation when there is evidence proving innocence?
Last night, a car which turned out to be an officer was blinding me from behind. I slowed down and merged into a different lane on the four-lane to try to see if they would just drive around me. That is when the lights where turned on and the blinding car became law enforcement. First, he tried to give me a no-insurance ticket when I couldn’t find it immediately. Then, after showing the correct documentation, he proceeded to give me a citation for no tag, even though, I, not only, had a valid tag, but I showed it to him because it was
in my car. I just hadn’t put it on the car yet. The citation says
Asked on March 4, 2019 under General Practice, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The officer is not the court: if he thinks, even incorrectly as it turns out, that there is grounds to write a citation, he may do so--he does not have to weigh your evidence to the contrary. That is for the judge to do: you can present your defense or evidence to the contrary on the trial or "return" date of the ticket and the judge will decide whether you violated or not.
Note that if you had not put the tag on the car, then you did not have a tag for this purpose: a tag not on the car doesn't count sinc it is not properly displayed.
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