03-13-2012, 12:03 AM
what proof is needed for a red light ticket? just the officer's word. i don't see why that wouldn't be sufficient for reckless driving.
Well, you've hit the nail on the head. It's the officer's word. That is not proof. A judge or a jury makes a decision based on that testimony, not on material evidence. Judgement usually goes for who has the most reasonable testimony and accurate testimony, unlike a red light camera case which is pretty much cut and dry.
Again, this is just about CA, but reckless driving almost always requires that three moving traffic violations are committed, and they all have to point to wanton disregard for the public's safety. Unless the suspect waves their right to a jury trial, you must convince the jury that what you saw merits the arrest and conviction. And not all jurors will agree with you. That's another reason good witness statements are important. But good witnesses aren't always around.
You can't force anybody to accept your word except perhaps when you testify as an expert witness. Then the defense may try to bring in one of their own. Again, it's a matter of who the jury believes.
So we have laws specifically about cellphones and texting, to eliminate uncertainty and hopefully prevent injury or worse.
Well, you've hit the nail on the head. It's the officer's word. That is not proof. A judge or a jury makes a decision based on that testimony, not on material evidence. Judgement usually goes for who has the most reasonable testimony and accurate testimony, unlike a red light camera case which is pretty much cut and dry.
Again, this is just about CA, but reckless driving almost always requires that three moving traffic violations are committed, and they all have to point to wanton disregard for the public's safety. Unless the suspect waves their right to a jury trial, you must convince the jury that what you saw merits the arrest and conviction. And not all jurors will agree with you. That's another reason good witness statements are important. But good witnesses aren't always around.
You can't force anybody to accept your word except perhaps when you testify as an expert witness. Then the defense may try to bring in one of their own. Again, it's a matter of who the jury believes.
So we have laws specifically about cellphones and texting, to eliminate uncertainty and hopefully prevent injury or worse.