So I am cut off [by car #2) and the guy instantly hits his brakes (to avoid the guy stopping suddenly in front of him[car #1]). I was already slowing down since originally I was following car #1. Car #2 hits car #1 and then I hit car #2. I tell the cops this they ask if he changed lanes. He lies and says "No". No tickets are given to anyone. A week later I get a ticket in the mail. I plead not guilty but how do I prove I was cut off? I may be able to prove he was not initially in my lane if I can get him to say where he was coming from. Any thoughts?
2007-06-13 06:49:20 · 6 answers · asked by JC 2 in Politics & Government ➔ Law Enforcement & Police
I guess I'll add that car #1 stopped because a semi cut him off. All 3 cars mention this in their insurance claims but the cops didn't even get his information since he wasn't hit. Can I prove the cops as incompetent since it was really the semi's fault?
2007-06-13 07:55:05 · update #1
The Officer isn't incompetent. He can only put down what he was told. Since the Officer did not witness the accident, he will not be able to testify in court. It will be your word against everyone else's.
2007-06-13 08:11:59 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
Sorry but unless you have a witness willing to testify on your behalf, you're screwed.
I rear-ended another driver last year. He was making a right-turn out of a shopping center parking lot. He had a clear road, but didn't proceed with the turn. Thinking he went, I looked left to watch for traffic and moved forward.
He caused the accident by not proceeding when the road was clear. But I was at fault for the accident.
Crazy, but that is how the law works.
2007-06-13 06:55:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The officer who wrote the ticket has to prove his case. The moment he tries to say what the other driver said, you MUST say "Objection, hearsay." You must say both words. If you have to elaborate, the point is that the other driver is not in court, can't be cross-examined, and the use of that evidence violates your constitutional right to confront the witnesses against you.
Remember, you do not have to prove your innocence. The police have to prove your guilt, beyond a reasonable doubt, using competent evidence. Hearsay is not competent evidence.
2007-06-13 06:55:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
in basic terms pay the fee ticket. You rear ended somebody so which you're as to blame as sin. The twist of destiny grew to become into all your fault. No site visitors decide will brush aside this fee ticket for you given which you rear ended somebody. It additionally seems such as you probably did no longer make a good effect on the police officer on the scene, which might harm you in courtroom. keep in mind that: VA judges *continuously* ask the officers approximately your habit in the direction of them on the scene. additionally, FYI, VA site visitors courtroom judges can no longer decrease factors. they are able to basically decrease fines, or brush aside, yet you will no longer get a dismissal for this while it grew to become into so for sure your fault. I additionally doubt a decide might scale returned a $30 superb, because of fact it is so minimum besides. you may take a driving classification to help erase the criteria you will get on your license.
2016-10-09 03:19:48 · answer #4 · answered by tuberman 4 · 0⤊ 0⤋
As you can see from the previous two answers, which totally contradict each other, you cannot look to this site for legal advice. If you truly want to fight this ticket, call a lawyer. If you are the only participant who shows up in court, you may prevail. If the officer is there, you aren't likely to win.
2007-06-13 06:57:48 · answer #5 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 1⤋
you should
2007-06-17 06:12:03 · answer #6 · answered by Anonymous · 0⤊ 1⤋