had a traffic citation back in May of this year. I pleaded no contest. Is there anyway I can go back and fight that citation now?
I live in Wisconsin.
this is what happened: my car was disabled on highway shoulder and some guy rear ends me. I get a ticket for unauthorized parking and he gets a ticket for unattentive driving. Somehow, the other driver gets his unattended driver ticket removed. Now, I am left as being at-fault even though my diabled car was rear-ended!!! Thats why i need to go back and fight the citation
2006-09-11 15:17:42 · 4 answers · asked by jadooshtick 1 in Politics & Government ➔ Law & Ethics
You cannot withdraw your plea. Sorry. (and insurance can use ANYTHING they deem appropriate for designation of fault, even a no contest. BUT if you refuse to pay, then it goes to court and your plea CANNOT be used in court.
Regardless what happened to the other guy's ticket, there are a couple things we need to know.
Was law enforcement called out to the scene? If so, is there a report? Most law enforcement agencies have policies that they will NOT designate blame for an accident for DMV purposes unless they saw it or were able to re-create it. If they made such a finding, and listed you, even getting your ticket withdrawn wouldn't change it, and same for the other guy. SO, check the police report and your DMV to see what the cops said.
If there is nothing there, then Fr. Chuck is right, you need to get YOUR insurance company on it. If you don't have insurance, an attorney is going to cost you a pretty penny to clean this up, but you do need to get one. The insurance Co is messing with you because they can, you need to have someone at their level fighting for you.
Good Luck!!
2006-09-11 17:34:24 · answer #1 · answered by grim reaper 5 · 0⤊ 0⤋
The no contest can not be used in civil court, so your plea can not be used as guilt. So it should have no bearing on who they decide is at fault.
The other persons insurance company just is playing games with you, you ned to get an attorney, your ticket has nothing to do with who is at fault in that accident.
So no you don't need to go fight it, you need to get better legal advice and help in the civil part of the case.
2006-09-11 16:41:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
having his ticket removed or not shouldn't change who the "at fault" driver is. I was recently in an accident and even though no citations were issued I was designated "at fault" and my insurance company had to pay up. Check the accident report that was given to you it should specify who the "at fault" driver is
2006-09-11 15:27:49 · answer #3 · answered by Frank R 2 · 1⤊ 0⤋
yea change ur plea and fight it next time ur in court
2006-09-11 15:28:16 · answer #4 · answered by jojo 6 · 0⤊ 1⤋