Can an officer in AZ issue a citation for speed failure to avoid collision if he wasn’t witness to the collision?

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I was recently in a motor vehicle accident, I was going home from work at roughly 7-8pm when another driver made a left turn into a liquor store without making sure the roadway was clear and I slammed into their passenger side tailgate. I told the officer I was going the speed limit (40mph) but he cited me for going an estimate of 45 mph. I plan on fighting the ticket as the officer can’t prove I was going over the speed limit (which I wasn’t) and also failed to write a narrative of the incident. Also because I was issued the citation the other parties insurance is denying liability even though the report clearly states they failed to yield the right of way.

Attorney Answers

2
D Campbell ·
Yes, a peace officer can issue a citation based on an accident investigation without witnessing the incident.
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William Parven ·
You might want to consider consulting with an attorney before fighting this. He doesn't have to prove you were speeding. He only needs to prove you were going at a speed that was too fast to avoid the collision whatever speed that may be. It can be less than the speed limit. That doesn't mean you will lose and you likely have a strong case, but make sure you understand what you are defending against. Also, you should consult with some accident attorneys about dealing with the insurance side of things.
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