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I was rear-ended while changing lanes. Found fully liable. I didn't see the car despite head check and mirror check until entering the lane and tried to punch it. The other car went into skid to and even slight swerve. Okay, I accept I obivously missed it and it was ultimately my fault. I was cited 'Careless Operation' for 250.00. If I appear in court and plead 'No Contest' and explain the above, is there any chance of reduction? Or if the other party and/or officer is not present, and I plead not guilty, will the case be dropped? I've heard conflicting things. Or, am I better off just paying it, skip someone's Christmas gift, and try to let it go. Date is on the 2nd. Need to decide fast.

2006-12-16 08:51:32 · 4 answers · asked by mbh2k 2 in Politics & Government Law Enforcement & Police

4 answers

If the police officer was not an eye witness and does not have any impartial witnesses, challenge the citation. The fact that a collision occurred does not automatically mean you committed a violation. Maybe the other vehicle was speeding or driving too fast for conditions or the driver was not paying attention.
It would take an accident reconstruction expert to determine, from physical evidence, exactly how the accident occurred. I am sure the police officer did not do that. Plead not guilty. The worst that can happen is that you have to pay a hefty fine.

I skidded into the rear of a vehicle once and got a citation. The case was dismissed when the police officer could not prove that evidence of a collision was evidence of a traffic violation. The police officer was not a witness.
I got a citation once, for reckless driving, because my vehicle "fishtailed." I was driving on an ice and snow covered street. A car pulled out of a parking lot, crossed three lanes and stopped in front of me. I swerved, kept my vehicle under control, and drove around the other car, without hitting it. The police officer was a witness. He was driving right behind me. I pleaded not guilty and the case was dismissed. What he perceived to be reckless was very good driving in hazardous conditions. The police are not always right.

2006-12-16 09:06:28 · answer #1 · answered by regerugged 7 · 0 0

There are two parts to this answer.

Part one-you want to pay less than $250. Your best option is to plead no contest BUT to do so you want the fine reduced. No one wants to go to trial for this because it is time consuming and expensive. So tell them you will plead out and can only afford $100 because your father is sick, your kid is sick, the dog is sick..you get the idea.

Part two-you don't want this on your driving history and the possible implications to increased insurance premiums. Plead not guilty. Tell the prosecutor or DA that you have a perfect driving history [you do don't you?] will be more attentive in the future and will gladly do 50 hours of community service or make a donation to the local PBA if he/she would consider a second chance.

You have my permission to use a combination of these two things as it fits your needs.

Good luck from a 32 year police vet.

2006-12-16 09:24:22 · answer #2 · answered by Anonymous · 0 0

There is an excellent chance that the crown attorney will reduce this ticket if you plead not guilty to it. Contact him/her and ask about it being reduced. There is a chance that the other party may not show (but almost certain chance that the police officer will, it's part of their job) and the crown probably will not proceed without the other driver. Don't count on that though!

In Ontario Canada you would be able to plead guilty with an explanation, and ask for a reduced fine because of financial difficulties (I've seen fines reduced quite a bit or an extended period of time allowed for payment). Occasionally our crown lets people make donations to charities around x-mas time in lieu of fine. Good luck.

2006-12-16 09:22:55 · answer #3 · answered by joeanonymous 6 · 0 0

i'm rather particular that it doesn't count what you do, it truly is nevertheless your fault because you've been the single replacing lanes. It develop into your responsibility to easily remember to had sufficient time and room to recuperate from. Sorry, in spite of the undeniable fact that it extremely is the regulation. next time be more beneficial careful and thank the Lord that no individual were given damage and it truly is in effortless words $250.00 and also you nevertheless have your license.

2016-11-26 23:02:47 · answer #4 · answered by ? 4 · 0 0

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