Why didn't she get a ticket?

Question

I had a person drive into me while I was stopped trying to make a left hand turn into my daughter's school. This person was speeding in a school zone and was not paying attention. This person could have blew the horn to try and warn me, or she could have driven off the road to keep from hitting my car and injuring us. She did not get a ticket for anything, I want to know why she wasn't ticketed. I also want to know what my rights are against the officer that handled the wreck. What is the law regarding these deputies and ticket writing? She totaled out two cars in a school zone because of her negligence!

Answer 1

Truthfully was she pretty and the police officer let her off the hook? Ask your local Chief of Police at the Police Dept. to look into this and see if the officer was wrong. ****Police are not above the law**** and if she broke the law then he also broke the law by not even giving her a ticket!
:-)~

Answer 2

In California only an accident investigator can issue a citation for a violation he did not observe (an infraction). Only SOME police officers are accident investigators, although ALL officers can do a preliminary accident investigation, even for fatal accidents. A regular officer can arrest either driver based on witness statements if s/he suspects the driver is under the influence (a misdemeanor). Based on conversations I've had with police officers in other states, this is a pretty common requirement.

Property Damage accidents (no injuries, no fatalities, not Hit and Run) are taken as a public service. There is no legal requirement for law enforcement to take these reports. MOST police departments are eliminating them from their duties because of time constraints. (There are laws that require injury, fatal, school bus, etc. accidents be taken).

The driver of the other vehicle can still receive a citation for her driving if it was on a public street, witnessed by someone other than you and/or your passenger and/or your friend if it is sent to a police department accident investigator.

You don't have any recourse against the officer or the department. These types of accidents, property damage only, are often investigated by community service officers (non-sworn report takers without the power to cite for moving violations, or make arrests other than private person arrests).

Even if the officer observes a violation and/or an accident, writing any ticket is left entirely up to the descretion of the officer. That's why if a Highway Patrol Officer stops you, or a motorcycle officer in any city, plan on getting a ticket. It's what they do. Their motto, if it's good enough to stop, it's good enough to cite!! If s/he observes an accident and sees the violation s/he can recommend to the accident investigator that a citation be issued to the violator. But the officer did not observe your accident.

About a third of the drivers on the road today have no business driving. Driving a car, truck, motorcycle, etc, demands 100% of your attention, 100% of the time. Your accident is a perfect example. How do you NOT see a car, stopped in your lane, with the brake lights on, and the left turn signal flashing if you are paying attention. That is of course assuming your brake lights worked, and you had your signal on.

I've found that accidents rarely happen exactly the way either participant claims. It is in each ones interest that the other be found at fault.

Answer 3

Kg and retro are absolutely correct. In addition, some police depts and sheriff's depts do not issue tickets at the scene for more serious accidents. I sense a bit of transference too. You really need to be concerning yourself with your civil suit for damages etc. Don't let your perceived 'transgression' affect what you need to do to get compensation. You have to come to terms that "these deputies" may have done exactly what you wished. The other possibility here is that the investigation may have revealed some violation on your part as well. With out having been there or with our reading the Deputies report, I cannot assume that you were cleared. In those cases, where both parties involved have made traffic violations, many officers do not cite. Either way, focus on what you CAN control, the civil aspect of this unfortunate incident.

Answer 4

I get a kick out of some of these people that answer these questions!!! LOL!

Firstly, was the accident ON school property (AKA PRIVATE PROPERTY)? If you are on private property (a store parking lot, etc), then unless it is a hit and run and/or someone is injured, you are tough out of luck on an officer siting fault (meaning: no ticket). Yes, they will write up a quick report for YOUR insurance purposes, but there is no fault found.

If it is actually on a public road, well, then it could be up to the officer's discretion after he determined what happened. Maybe it WAS nobody's fault and it was extenuating circumstances. OR..maybe the driver was issued a ticket and you don't know about it. HOWEVER, I COMPLETELY disagree that an officer has to see a traffic accident for citations. That is generally a traffic issue and not a misdeameanor. Hello. DUH.


I would encourage you to get a copy of the accident report and review it before making assumptions on things. If it isn't clear, then maybe contact that officer and ask him to explain things (before you get beligerant and throw a fit)....being calm will get you A LOT further and more cooperation than throwing stones.

Answer 5

You have no "rights... against the officer" just because he did not write someone a ticket. Regardless of what the other posters say, calling internal affairs or a supervisor will not change that fact.

Damages incurred during vehicle collisions are civil matters, police officers are never required to write tickets, and if the officer did not witness the offense which caused the collision, then he cannot always write someone with certainty that he can defend in a criminal trial.

Consult an attorney and your insurance company.

Answer 6

Officer Discretion. A police officer has a choice whether or not they want to enforce any law. I writted Vehicle code violatio or traffic summons isn't always written in your view. It can be sent by mail, or it can be included in the accident report. Don't be suprosed if this other person did get a citation. You really have no controll over what fines were imposed on this other driver. Speeding has to be proven by a a speed timing device and proof is still needed to charge her with any other vehicle code violation. Certain states this type of violation in a scool zone is higher grade offense than a summary. Which means she may get criminal charges later.

Answer 7

You are not going to like this. In most, if not all states, it is illegal for a police officer to issue a citation for a misdemeanor they do not actually witness. Most people are not aware of this. Your officer followed the law, while most don't. I beat one ticket this way. My plea was not guilty. Then the judge asked the officer if he witnessed the accident. He said no & the case was dismissed.

Unless it is clear from the evidence at the scene or from witnesses what actually happened, a prudent cop will not issue a citation because he has more liability if he is wrong. Like it or not, your cop did the job he was hired to do. The insurance companies, lawyers, civil courts, & juries now have theirs to do, which is to establish blame & damages. Good luck. .

Answer 8

get a copy of your police report. hopefully you got all the insurance info. keep all your receipts from the doctor and car repair. take that person to small claims court and get reimbursed for all that you can. even the deductible from your insurance at the doctor. did you get the badge number of the officer? talk to the chief or sherriff and tell them the situation. if the other person drove wrecklessly or with negligence they should have been ticketed and fined and lost points on their liscence. you can probably get a free consultation froma lawyer to see if you have a case. good luck and gather all the evidence you can.

Answer 9

I think Katie above is jumping the gun a bit. But call the cophouse and ask to speak to a supervisor. Describe what happened and hopefully they can look up the incident and either tell you why no ticket was written or write her one.

Answer 10

Perhaps she knows the police officer and he gives her favor and let her go. Just go to the police department and file a complaint against the officer and they will investigate and response to you.