What should I plead when I go to court? I live in Georgia.?

Question

I was involved in a car accident in April. No cars were coming at the time I was making a left turn. The only vehicle was a bus and it was stopped in the right lane to load and unload passengers. The left lane was completely clear. When I was in the process of turning, a car came out of nowhere and crashed into me. Of course, because I was making the left, I got the citation. I believe she was speeding trying to get around the bus. This is my first accident (which technically isn't my fault, but according to the law it is). I don't know what to expect when I go to court in a couple of weeks. I don't know exactly what to plea. I have taken a defensive driving course and am planning on presenting that to the judge. I don't want to plead not guilty, because I did make the left and the court will automatically find me a fault for that. I don't want to plead guilty because I don't believe it was my fault. I have to go to court because I am under 21 (I'm 20). Would nolo be good? Please help!

I was paying attention.

No one was in the left lane and the bus was the only vehicle that was close in the right lane (a few feet before the intersection). There was a parking lot entrance & exit right behind the bus. My passengers and I believe she sped out of the parking lot in order to get around the bus and beat the traffic that was about to come from the traffic light further down.

It is hard to explain. If I had I diagram, I could explain it better. Technically, IT IS NOT MY FAULT. I agree with "LEGALLY IT IS" b/c I have no way of proving it. Just because I made a left, does not mean I was not paying attention or that it is automatically my fault. She did come out of nowhere because she was not in either one of the lanes at the time I was making the turn. The cars that were coming up from the other traffic light were still a far distance away from me; therefore, she had to of sped out of the parking lot which is pretty close to the intersection I was making the turn at.

Answer 1

If I were you, I would plead "no contest", but ask if you can present some additional information. You still might have to pay the fine, but you shouldn't receive points against your license and they can't use this incident against you in the future.

Just explain to the judge that this was your first offense and that you did take a defensive driving course. Ask if he can accept the course in lieu of the ticket, court costs, and points against your license.

I'm sure the judge will be more lenient since you did take the initiative to go to defensive driving class and since this is your first offense.

If the judge asks you to present your side of the story (he/she shouldn't, but you never know), don't get defensive and say it wasn't your fault. Don't try blaming anything on the other driver. Just state the facts. Acknowledge that you did indeed make the left turn because you saw that the lanes were clear and felt that it was safe to proceed. Bring a diagram in case he/she asks for a drawing of the scene.

I know the laws can be unfair and one-sided, but that's unfortunately how it works. I really hope everything goes well for you in court. Just relax and state your case. You're going to be just fine! :)

Answer 2

Cars don't come "out of nowhere". You weren't paying adequate attention. Driver inattention is the single most frequent cause of traffic accidents. It IS your fault -- legally AND technically. PERIOD!

Now, what to do? Well, if you took the DD course, go to the court clerk's office and see if you can get a dismissal based on the course. Many jurisdictions will dismiss a ticket with the course if you haven't had any other violations in the past 1 - 3 years.

Your court appearance isn't for finding of fault. The insurance company has already done that for you. The court appearance is for failure to yield -- a traffic infraction. Even if you get it dismissed (the course or the cop fails to show) it won't affect the finding of fault for the accident. That much is a done deal already.

There is no such plea as "guilty with an explanation." Some judges will allow you to plead guilty and address the court with any mitigating issues prior to assessment of the penalty and some won't. Your other options are Not Guilty or No Contest (Alford Plea or "Nolo").

If you plead Not Guilty you'll be set for trial in a few weeks unless the cop is in court that day. At the trial you can make your case. Claiming that a car "came out of nowhere" probably won't help your case but it won't hurt. Your best hope is that the cop that issued the citation fails to show. At that point, you move for dismissal for lack of prosecution or lack of complaint. Most of the time the court will grant that and dismiss the ticket.

If you plead No Contest you are admitting that sufficient evidence exists for conviction without entering a formal plea of Guilty. This is a matter of pride more than anything else. Not all courts will allow a No Contest plea for minor traffic infractions. You may or may not be allowed to address the court with any mitigating circumstances. Then you'll almost certainly be found Guilty. Anything entered in mitigation may or may not help with the penalty.

Answer 3

Sorry, but you are guilty. It only takes about 3 to 4 seconds to make a left turn from the time you begin to turn. Just count the seconds next time you turn.

If the car was within 3 to 4 seconds, which it must have been, and it got to the intersection in time to have an accident, which it did, there can only be one cause. You didn't yield to oncoming traffic. The car could not have come from nowhere, it must have been within 3 to 4 seconds of the intersection. It could not have been stopped behind the bus, it would not have had time to accelerate and get to the intersection.

I put it in these terms so you can understand what the judge is going to see, and what the judge will know from the information presented by the officer. Odds are, the other driver was coming up behind the bus and realized at the last moment the bus was not going to move, so she changed lanes. You didn't see her, and had begun your turn. She was probably distracted by the bus just enough, that she didn't have time to react and avoid the accident.

The judge will realize this, and will be influenced by what you say and do. I'm not an attorney, and can't advise you on the law. But I do teach driver education, and the judge will be influenced by your decision to take a defensive driving course. Be sure to take proof that you took the course. If you really feel compelled to tell the judge what happened, then take pictures and prepare a drawing of the intersection with the location of the bus so the judge can understand your explaination.

Answer 4

Call an attorney for advice. I would plead a blind spot issue, you might get a lesser fine by pleading nolo contendre and hope the judge is lenient. Install some wide angle fish eye mirrors on to your existing mirrors and bring the receipt to court. Worth a shot, and the lawyer may have additional input.

Answer 5

Just because you were making a left does not make you guilty, unless it was made unsafely.

Check with a lawyer, even if it's just for some pre court date advice. It will be worth the money if you find someone experienced with motor vehicle violations.

Answer 6

That just means you admit no guilt which is good. You may have to throw yourself at the mercy of the courts.

Answer 7

where i live you can plead guilty with explanation. sometimes they reduce the fine or charges. see if you can do that at your location. good luck

Answer 8

Just tell your part of the story, that's really the best thing you can do...

Answer 9

not yur fault 4 not seeing the car?
DAMN BUS

Answer 10

accept a plea deal for the death penalty