Can I plead not guilty to a ticket an officer gave me for something he did not see?

[boimxninnie]

I live in Idaho, go to school in Colorado and was traveling through Wyoming when I got into an unfortunate accident on the interstate and went off the road. When the state patrol arrived on the scene, I gave my recolection of what happend in the accident, and he wrote me a ticket, for lane use (failure to maintain a single lane) only going by what I told him that I thought happend. If I went to court or wrote who I needed to contact, and plead not guilty would I have a case or not? There is no evidence that I went out of my lane, the officer was only going on what I told him happend. Is that legal or do I have a case?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by boimxninnie:
There is no evidence that I went out of my lane<HR></BLOCKQUOTE>

Really ? where did your car end up after you went off the road ?

 

[boimxninnie]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by LegalBeagle:
Really ? where did your car end up after you went off the road ?<HR></BLOCKQUOTE>

My car ended up sliding down the side of a hill catching some sage brush that kept me from rolling and hitting a barbed wire fence. so to answer your question, i was at the bottom of a hill wrapped up in fence.

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by boimxninnie:
My car ended up sliding down the side of a hill catching some sage brush that kept me from rolling and hitting a barbed wire fence. so to answer your question, i was at the bottom of a hill wrapped up in fence.<HR></BLOCKQUOTE>

So, it would be safe to assume that you did in fact leave your lane to achieve this feat ?

 

[peter]

I mean if you could prove ya hit a deer or blew out one of those firestone tires, then the ticket should be dismissed.

 

[boimxninnie]

Yes you could say that I went out of the lane, but there is a right against self incrimination, and if the officer can't prove I went out of the lane, without me saying I did, then an I plead not guilty to this. I woulnd't have told him if I would've known he was going to give me a ticket for it, but I am an honest person, that has to count for something!

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by boimxninnie:
if the officer can't prove I went out of the lane, without me saying I did<HR></BLOCKQUOTE>

He can prove you went out of the lane cos the lane in up at the top of that hill you just went down.

Why not tell us the whole story.. why did you end up at the bottom of the hill ?


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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[boimxninnie]

the whole story is that I went on to the strips that wake you up, ( i wasn't asleep) and it looked like i was going to hit a reflector pole, and I overcorrected, and went into a spin. That is not the question here, the question is can I plead not guilty on a ticket, that an officer gave me through no proof except for what I told him. The officer cannot prove I went on to those strips. Of course he can on the other side because I went off the road, but that is not what the ticket is for.

 

[LegalBeagle]

Yes he can use what you told him against you.. since you have already told him... in answer to your question, yes you can plead NG.

 

[boimxninnie]

but do i have a case? will they throw it out or still make me pay the fine?