[BobnBev]

Originally Posted by KeepingItReal

Quote:
Originally Posted by BobnBev View Post
I hope you got his plate # and called the Sheriff.





Nothing! It's a he said, he said.......

Good info from a non law enforcement person. I stand by my post
with 38 years of L/E experience.

[KeepingItReal]

Quote:
Originally Posted by BobnBev View Post
I hope you got his plate # and called the Sheriff.

Quote:
Originally Posted by Bogie Shooter View Post
What would the sheriff do?

Quote:
Originally Posted by BobnBev View Post
Well,the Sheriff would meet with you, take a sworn statement and either
go to the violator and issue him/her an infraction, or apply for an arrest
warrant and have any other police officer make the apprehension.
Of course, as the complainant, you would have to appear in court to testify
as to what happened.
The license plate # is Prima Facie proof that the owner is the operator.

Quote:
Originally Posted by KeepingItReal *View Post
Nothing they can do! It's a he said, he said.......

Originally Posted by BobnBev

Good info from a non law enforcement person. I stand by my post
with 38 years of L/E experience.

That won't impress them either. Call them and find out for yourself. Unless they witnessed it they won't/can't do anything and probably rightfully so. Prima Facie might identify who owns the vehicle but would not prove the owner to be the driver and could be disproved easily. One person's opinion (though they truly believe it) of what happened may be totally incorrect or different from what actually happened in a lot of cases. Cannot imagine the number of lawsuits for false charges and/or libel and slander if one person's even sworn word was taken over another's without any other proof being offered. The courts would never be able to hear all the cases.

[BobnBev]

Originally Posted by KeepingItReal

Quote:
Originally Posted by BobnBev View Post
I hope you got his plate # and called the Sheriff.

Quote:
Originally Posted by Bogie Shooter View Post
What would the sheriff do?

Quote:
Originally Posted by BobnBev View Post
Well,the Sheriff would meet with you, take a sworn statement and either
go to the violator and issue him/her an infraction, or apply for an arrest
warrant and have any other police officer make the apprehension.
Of course, as the complainant, you would have to appear in court to testify
as to what happened.
The license plate # is Prima Facie proof that the owner is the operator.

Quote:
Originally Posted by KeepingItReal *View Post
Nothing they can do! It's a he said, he said.......



That won't impress them either. Call them and find out for yourself. Unless they witnessed it they won't/can't do anything and probably rightfully so. Prima Facie might identify who owns the vehicle but would not prove the owner to be the driver and could be disproved easily. One person's opinion (though they truly believe it) of what happened may be totally incorrect or different from what actually happened in a lot of cases. Cannot imagine the number of lawsuits for false charges and/or libel and slander if one person's even sworn word was taken over another's without any other proof being offered. The courts would never be able to hear all the cases.

I certainly won't argue with you here, because you don't know the law.

I have made several arrests, based on what I posted, and have not lost 1 of those cases. An officer is a reporting agent for the court. It's up to the court to decide the case. Law specifies that in certain motor vehicle violations, prima facie evidence places the registered owner as the driver.
If the owner says he wasn't driving, then he has to divulge, to the court, who was driving.

[KeepingItReal]

Originally Posted by BobnBev

I certainly won't argue with you here, because you don't know the law.

I have made several arrests, based on what I posted, and have not lost 1 of those cases. An officer is a reporting agent for the court. It's up to the court to decide the case. Law specifies that in certain motor vehicle violations, prima facie evidence places the registered owner as the driver.
If the owner says he wasn't driving, then he has to divulge, to the court, who was driving.

Don't know where you made all those arrests but it will never happen here and this is where the incident happened, and I do know a bit about the law, more than you think I'm sure.

Really it doesn't even clear the common sense hurdle. Try it out with Sumter County and see for yourself.........

[Villageshooter]

Originally Posted by KeepingItReal

Don't know where you made all those arrests but it will never happen here and this is where the incident happened, and I do know a bit about the law, more than you think I'm sure.

Really it doesn't even clear the common sense hurdle. Try it out with Sumter County and see for yourself.........

that is why Barney kept his bullet in his front shirt pocket! calmer heads always prevail!
i never get upset with people and there driving or actions,,,, just keep ur self safe an in 30 seconds it will not make any difference,,, lets just hope aunt bea has an apple pie! (that is what is important! ).

[Russ_Boston]

Originally Posted by BobnBev

Well,the Sheriff would meet with you, take a sworn statement and either
go to the violator and issue him/her an infraction, or apply for an arrest
warrant and have any other police officer make the apprehension.

Of course, as the complainant, you would have to appear in court to testify
as to what happened.

The license plate # is Prima Facie proof that the owner is the operator.

That's great news. So all I have to do to that guy I hate down the street is call the sheriff and SAY he did something with no real proof except his car license #. Awesome - thanks for the advice.

Don't think justice could really work that way unfortunately.

[BobnBev]

Originally Posted by Russ_Boston

That's great news. So all I have to do to that guy I hate down the street is call the sheriff and SAY he did something with no real proof except his car license #. Awesome - thanks for the advice.

Don't think justice could really work that way unfortunately.

Russ, I think you missed the part that said sworn statement. When you swear to something under oath, and it turns out to be not true, then you would most likely be arrested for perjury. Not a pleasant thought.

BTW, not like you to be sarcastic, bad day at the hospital?

[Russ_Boston]

Originally Posted by BobnBev

Russ, I think you missed the part that said sworn statement. When you swear to something under oath, and it turns out to be not true, then you would most likely be arrested for perjury. Not a pleasant thought.

BTW, not like you to be sarcastic, bad day at the hospital?

Just came back from vacation.

Heck - I can see some people swearing to something if they really wanted to get back at someone. I really don't think a court can rule just on someone's word (sworn or not) without any visual (like a cell phone recording), physical or witness testimony. I just don't see it happening. Wouldn't be real justice would it?

If someone did that to me without any evidence I'd find some way to bring THEM to court for character assassination or something like that.