In some cases, if the on duty police officer did not see you do what you were accused, he cannot give you a citation even there was a waitness. It all depends on the judge.

Steve - Evolution
703-961-9090

 

Thanks for your advice guys.

I might be able to get traffic school to get rid of one of the violations. My last ticket was a year ago but I was not allowed to take it for that citation so section B doesn't apply to me. Doesnt sound like anything else applies either. Then I can fight off the off duty cop.

California Code
(Ineligible offenses) A court clerk is not authorized to grant a request to attend traffic violator school for a misdemeanor or any of the following infractions:

(A) A violation that carries a negligent operator point count of more than one point under Vehicle Code section 12810 or more than one and one-half points under Vehicle Code section 12810.5(b)(2);

(B) A violation that occurs within 18 months after the date of a previous violation and the defendant either attended or elected to attend a traffic violator school for the previous violation (Veh. Code,

 

I don't think a police officer can cite you for a violation on hearsay and doubt that the off-duty guy will appear in court. I think you can beat the second ticket and bet you have already changed your driving pattern. Good luck and be safe.

 

Yeah I definitely changed my driving pattern. I took that heavy foot and threw it out the window (maybe only temporarily. haha)