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criminal charge based solely on someone elses word? (Bus fail to stop) Alaska

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  • criminal charge based solely on someone elses word? (Bus fail to stop) Alaska

    So this is what is going on.

    Im in the middle of a nasty custody dispute, and my ex's new gf's mom happens to be a bus driver. yay.

    So... I drive everyday M-F to drop off and pick up my daughter from school, and I happen to pass her bus everyday.

    One day were at the store and she (the bus driver) tries to harass us infront of my family... we tell her in not so polite terms to get lost.

    The next day, I get a knock on my door, its an officer... again. I open the door, "what is **(ex's new gf**) saying now?!" (they have a history of harrassing me through the use of false reporting to the police and OCS)

    The officer tells me that a Ex's new gf's mom reported that I failed to stop while unloading (on one of three potential days the week before she apparently couldnt pick) and that he is here to issue a citation... So he does. I get cited for it, A class B misdemeanor CRIME carrying 6 points on my license, potential jail time, loss of license, etc....

    based ENTIRELY on her statement.

    I was never pulled over. the officer admits he didnt witness it. he also says the bus cameras only focus inside not out, so no he didnt see me on video do this.

    The officer asked me several times, as if trying to get me to admit to it or something... dont you remember doing that? She threw her arms up at you and honked... You dont remember that part? She described you specifically. She even wrote down your license plate. So youre saying you drive to an elementary school ten times a week, but you never see any buses (rolls eyes).

    Me: I never said that ive never seen any school buses... only that I didnt pass one while it was unloading.

    Clearly I was deemed guilty before he even showed up, but still i tried. I explained to him who she was, why she would do this. He didn't want to here a word of it. he actually seemed way more concerned with trying to get me to incriminate myself than to hear anything i had to say about it.

    So i asked him, so a bus driver can just say anything about anyone and you just come on down here to charge them with a crime with no investigation whatsoever huh?

    His answer was: if they write down your license plate number we do.

    So its good to know that any jackoff with a CDL can become a school bus driver and instantly gain the authority of the law without having to deal with any of that pesky law school stuff... that must be nice.

    Is this really even enforceable?

  • #2
    You might want to talk to a lawyer & talk only to the lawyer. A lawyer can help you get the best outcome possible.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Obviously the answer is yes. This is the reason you have the option of fighting the citation in court. do so, but leave the drama and the foul language at home. Next time a police officer comes to your door, try acting like a polite human being. Getting sarcastic, argumentative, defensive and foul mouthed isn't going to make the officer inclined to believe you, nor show leniency. Not to mention, acting that way can get you in legal hot water based solely on your own behavior.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        The bottom line is though you will want to get a lawyer to help you fight this. The lawyer will get you the best outcome possible.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Definitely get a lawyer. Talking to the officer about the alleged infraction at all in a situation where he is basing a citation on someone else's word is a really bad idea. He can't testify to what you did since he didn't see it but he can testify to what you said to him.

          Your specific problem is completely outside my area of knowledge, but typically if you go to traffic court, the complaining witness must show up in court and testify under oath. In most traffic violations, the witness is the police officer; if he fails to show up in court on the day your matter is heard, the citation is usually dismissed. In your case, the witness would be the bus driver. If she doesn't show and testify under oath, the ticket will probably get dismissed. If she is willing to perjure herself (that is, lie under oath), your lawyer should be able to cross examine her and at the very least establish issues with her credibility if not actually expose the lie. The police officer can testify as to what you told him, but otherwise he cannot testify to what you did.

          Don't try this yourself, however. You need a lawyer, who can keep the emotions and personal issues out.
          David K. Staub (www.illinoisbusinessattorney.com)
          Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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