cop didn't see it=no ticket ? or is it ?

[bones srt-4]

sorry for the long story but there is a lot to say.

a friend of mine from work was going home Tuesday night. he was stopped at a stop light behind another car the light turns green and he proceeds to go when a semi-dump truck hits him from behind, just a slight bump then again a little bit harder then again so hard he looses grip on the steering wheel and his head is snapped back so hard he looses his hat in the back seat. the truck proceeds to push him out of the way and keeps going.
a witness to this goes to him to see if he is ok and another witness follows the truck to where the truck sees other trucks parked and parks in amongst them.
cops are called to the scene. my friend tells him what happened and so does the witness there also. the other witness that followed the truck calls the police and tells them that she followed the truck and he is still in it and where it is located. they go to her and get her statement then go to the truck driver and gets his statement. he is placed in the back of the police car.

the truck driver says that he didn't see my friend and didn't know any collision happened. after the 2 witnesses and my friend have told their story the policeman says "I didn't see it happen so I can't write a ticket". he also says "that unless there is over $1000 in damages or an injury, he still can't write the truck driver a ticket". the truck driver is free to go and he does.

my question is, is this true that if a cop doesn't see an accident that he can't write a ticket ? this happened in my town of baxter springs ,Kansas.

now a few weeks earlier another friend of mine from work his son is following to closely to another car. the female driver gets tired of this and stops in the road and gets out and tears into said friends son. she then goes to the cops and tells them what happened. the next day the cops go to the high school and issues my friends son a ticket for following to close. even though he did not witness it. can the p.o. do that ? again this is in my town of baxter.

 

[Outlaw99]

in most cases, that is true. mostly for crimes. which in my opinion happened. he left the scene of a hit an run. if i were the investigating officer. i would look for paint, or other indicators from the truck that transfered over to your friends car. a witness changes the whole ball game. i dont see why the officer doesnt follow up more aggressively.

now, he should report this on his insurance and let them go after the truck driver.

too many people use the " i didnt know excuse "

also, i would call the police officers supervisor and turn up the heat.

 

[TJSwoboda]

Depends on the department and the officer. I know one cop in Illinois who, as a rule, doesn't like to write tickets for accidents he didn't see. Another department, fairly close by, writes a ticket for all accidents, at least as of 2000 (mine [single car] got dismissed ).

You're talking H&R, though, which changes things (or should), but again it varies department-to-department, officer-to-officer.

 

[FATlaws]

I would say he typically can't write a ticket unless he saw it or could find evidence right there in front of him which he should have been able to. It's not good for your friend in this case but better overall it is this way, can you imagine the power they would have if they could cite people without having to see a crime?

Everyone else says go to the head of his department, do that, but if you're still not satisfied with what happens, take matters into your own hands, just don't get caught.:burn:

 

[bones srt-4]

what about the second incident with another friends son ?

 

[silver03svt]

Motor vehicle crashes are a touchy situation since most of them involve a traffic infraction that is not committed in an officer's presence. There are many courts that will dismiss charges placed in that type of scenario bc of that. In your friend's case however, there are plenty of witnesses that saw the crash happen that could testify incourt that a charge could have, and should have, been placed, especially a criminal hit and run charge.
Different states do have different laws on how how the charges can be placed away from the scene of certain offenses, and most just involve a trip for the officer to a magistrate to get the correct legal paperwork to issue a charge.

 

[Outlaw99]

if cops could write tickets or make arrests for things they did not see, imagine the wrath of things when people get pissed at each other using the cops to get revenge.

but seriously, an accident occurred, a vehicle left the scene, there was a witness. needs to be treated and investigated as such.

 

[Iceman II]

Part 1 of the long story, is if it were me investigating it the truck driver probably would have been arrested.
Part 2, I would have not issued a citation. Now if there was a video of it then I would consider it along with speaking with the prosecutor to see if he would be willing to take the charge.

 

[Iceman II]

I have investigated thousands of crashes in my 24 year career and rarely witness crashes. I issue citations 99% of the time on crashes that I do not witness.
I guess a lot of states are different.

 

[Shepp1691]

Whats the chance of an officer actually witnessing an accident? With witnesses and the truck drivers lame as I didnt know excuse I would cite the truck driver and let the courts figure it out.

 

[Shepp1691]

And as far as the second story I would take that to court, citizens dont have the right to issue a citation, which is pretty much what she did. Guess they couldve cited her for impeding the flow of traffic while they were at it.

 

[Lt. ZO6]

Whats the chance of an officer actually witnessing an accident? With witnesses and the truck drivers lame as I didnt know excuse I would cite the truck driver and let the courts figure it out.

We don't issue a citation unless probable cause has been established.

 

[musclemustang65]

Wouldn't that train of thought pretty much void all "Leaving the scene" charges?
Common sense and the will do actually enforce the law are 2 main issues with a lot of officers, seconded by the states law on said incidents.
As far as the second ticket, fight it. It will be one civilians word against another.

 

[Lt. ZO6]

Wouldn't that train of thought pretty much void all "Leaving the scene" charges?

I don't see how it would. If the investigation establishes PC, then a cite would be warranted.

 

[RDJ]

I don't see how it would. If the investigation establishes PC, then a cite would be warranted.

this issue is the cop had TWO witnesses plus the driver who were willing to hang around and my bet would be willing to testify in court. people don't hang around accident scenes unless they are most times. Since when is Two witnesses who hang around for something like that not enough probable cause to issue a ticket for leaving the scene?

 

[Lt. ZO6]

this issue is the cop had TWO witnesses plus the driver who were willing to hang around and my bet would be willing to testify in court. people don't hang around accident scenes unless they are most times. Since when is Two witnesses who hang around for something like that not enough probable cause to issue a ticket for leaving the scene?

No idea why the investigating officer decided not to issue a citation. The other driver receiving a citation or not doesn't help the OP in any way.

 

[Shepp1691]

I agree u need probably cause but it sounds like he had plenty.

 

[evilrazor]

Truck pushes car OUT of the way but doesn't cause 1000 dollars in damage? Seems fishy. Tell your friend next time to say he's hurt. Injury = report. Accidents are typically a civil
matter unless criminal intentions where involved.

 

[RDJ]

Truck pushes car OUT of the way but doesn't cause 1000 dollars in damage? Seems fishy. Tell your friend next time to say he's hurt. Injury = report. Accidents are typically a civil
matter unless criminal intentions where involved.

so you bump a thread to recommend that someone LIE to get what they think they need. I would say nicely done but that would be a lie

 

[bones srt-4]

Truck pushes car OUT of the way but doesn't cause 1000 dollars in damage? Seems fishy. Tell your friend next time to say he's hurt. Injury = report. Accidents are typically a civil
matter unless criminal intentions where involved.

not fishy. and some people have morals.