COMPLAINT OVER ERRONEOUS TRAFFIC CITATION

February 6, 2023

[ENTER NAME]

[ENTER ADDRESS]

 

[Date]

 

Hon. [ENTER NAME]

[ENTER ADDRESS]

 

RE: COMPLAINT OVER ERRONEOUS TRAFFIC CITATION

 

Respectfully,

 

This letter raises my concern over the erroneous traffic citation that was issued against my husband and me. Accordingly, I seek to have the erroneous citation dropped. Also, this letter notifies you that we cannot appear in person since we live in Michigan. 

 

FACTUAL BACKGROUND

 

On or about the night of April 23, 2021, I flew to Arizona alone for dental surgery and got sick there. My husband told me to give up the return flight and he decided to drive through 8 states alone to pick me up. He was stopped by the police when he was driving through Kansas and was issued ticket. The ticket cited speeding, and no proof of insurance. The ticket also emphasized “must appear” to go to court. 

 

We have an app that can provide insurance E card in our cell phone. We never drive without insurance not to mention that it was such a long distance through 8 states. I initially thought it was my husband’s fault because he did not express it clearly. My husband, who is 61 years old, has a speaking disability. He has a type of facial paralysis called Bell’s palsy that affects his speech and hearing. He is a law-abiding US citizen.

 

However, when my husband picked me up and we returned the same way, carefully and cautiously passing through Kansas state, we were stopped again by the police and got the second ticket that stated we were speeding. At this time, I realized that this was not fair traffic law enforcement. The police were merely looking for license plates that are not from Kansas. I clearly saw that my husband was not speeding, he drove strictly to the speed limit signs. Besides, there were also many vehicles with in-state license plates, which overtook us from behind but were not stopped. 

 

LEGAL ARGUMENT(S)

 

The Police lacked reasonable suspicion that my husband committed the traffic violations.

 

Under the 14th Amendment to the U.S. Constitution, a traffic stop is considered a seizure. State v. McKeown, 249 Kan. 506, 509-10, 819 P.2d 644 (1991). To legally perform a traffic stop, law enforcement officers must possess reasonable suspicion that the driver of the vehicle is committing, has committed, or is about to commit a traffic offense. Terry v. Ohio, 329 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968). 

 

In my case, the police officers lacked reasonable suspicion that my husband was violating/violated/ or intended to violate any traffic offense. Notably, on our way back from Arizona, I noticed my husband was strictly abiding by the required speed limit. At the same time, some vehicles with state license plates passed our vehicle but were not stopped. Therefore, there is sufficient grounds to believe the police lacked reasonable grounds and/or probable cause to stop my husband and issue the traffic citations. 

 

Also, the “no proof of insurance” citation was erroneously issued since we had E card insurance in our cell phone. 

 

CONCLUSION

 

In light of the forgoing, this letter requests you to issue an Order discharging and/or dismissing my case. Also, in case there be need for any hearing/session where we would be required to enter appearance, I pray you allow us to enter appearance virtually. It would be in the interest of justice for the Court to grant the said request(s).  

 

Thank you for your attention,

 

Yours Faithfully, 

 

Signature
_________________

 

[ENTER NAME]

 

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