My husband was going straight through an intersection, and the light was yellow as he proceeded. A lady made a left-hand turn in front of him, and he couldn't stop quickly enough to avoid hitting her. She claims to have witnesses who say that the light was red. However, knowing my husband's driving, and him telling me with absolute certainty that the light was yellow, I know he didn't go through on red. I don't know how much weight these witnesses have in this. I saw one of them pull up 30 minutes after the accident, and they appeared to be friends with the other driver. Would we stand a chance if we appeared for the court date? Or, do we just pay the fine? To us, it's the principle. He didn't run a red light, and we don't want his pristine record for the last 21 years to show "failed to observe traffic control device." If these witnesses would sway the judge (do they have to appear, or not?) in the wrong direction, though, it might not behoove us to pursue it. Any advice?
2006-11-27 05:49:15 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would take it to court, you are going to have to pay the court cost anyways....and yes if you have the right to face your accusers in court......If you can get the time off from work go for it...that is why they give you the court date....
2006-11-27 05:54:37 · answer #1 · answered by yetti 5 · 0⤊ 0⤋
You might as well try, considering the fact that he has an excellent driving record. You will need to be a witness for your hubby regarding the arrival of the "witnesses".
And seriously, the other lady is wacked. There is NO WAY that she had a green light to turn left and your husband had a yellow/red light. In pretty much every state and intersection left turn arrows go FIRST and then the straight/right turn traffic lights turn. So her saying that the arrow turned AFTER the straight lights is fishy... I'd check the light sequence at that intersection to be sure because around here, she'd be caught red-handed for lying.
2006-11-27 06:27:48 · answer #2 · answered by Goose&Tonic 6 · 0⤊ 0⤋
I'm not an expert, but I think you'd still be found guilty. A falling water bottle isn't the best thing to fight a ticket for. They'd probably just say that you should have had better control over the bottle or something. I'd suggest just paying the ticket.
2016-05-23 12:20:58 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Fight it. They have to prove his guilt beyond a shadow of a doubt. If he pays it, its an admission of guilt. You just need to figure out how to place that shadow in the right place. These witnesses didn't aactually "see" the incident, and their testimony can be thrown out, if its allowed at all.
The other individual is just as guilty, because they should have been aware of all the incoming traffic before making a move. Could they have seen that the light was red from your husbands light when they went? I kinda doubt that. Maybe return to the scene, and see if you can get any photographic evidence as to whether they cpuld actually view the light or not.
2006-11-27 06:04:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In this case, I would advise you to pay the fine. Even though I have no reason to believe that your husband is lying, no judge on the planet is interested in what you know -- they're only interested in what you can prove. Your husband is fighting a losing battle here, even if the so-called "witnesses" don't show up, because the police officer gave him a ticket. The judge is going to lend more credibility to the police officer than anyone else, and if the other person's witnesses show up that'll just add more nails to the coffin.
2006-11-27 06:02:07 · answer #5 · answered by sarge927 7 · 1⤊ 0⤋
This is a difficult scenario because by pleading guilty to the red light offense, you may be implicitly liable for any claim of negligence by the lady. Report this to your insurance company ASAP, who should provide you with an attorney. You'll need to discuss with them the "res judicata" effect of the traffic ticket.
2006-11-27 06:00:59 · answer #6 · answered by Perdendosi 7 · 0⤊ 0⤋
You might as well go to court. Often times if you plead your case you will get a reduced fine or a dismessed case. If you do not go to court and just pay the fine - there is no chance for a reduction.
2006-11-27 05:51:49 · answer #7 · answered by Average Joe 3 · 0⤊ 0⤋
The fact is that the yellow light is a warning to SLOW DOWN not race ahead to get through. Since he didn't follow this direction (if he had he'd have been able to avoid her) he's still at fault, either way.
2006-11-27 06:56:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you feel that strongly about it then fight it
The real question is: Why would a whole bunch of witnesses take time out of their busy schedule to testify against a stranger?
Something doesn't sound right here. Was there an accident?
2006-11-27 05:55:20 · answer #9 · answered by BigD 6 · 1⤊ 0⤋
set up a court date, the officer likely will not show up this type of offense if he does he still has to proof his case.
2006-11-27 05:55:26 · answer #10 · answered by Anonymous · 1⤊ 0⤋