i was involved in an accident where a 17 year old kid was found at fault (failure to yield to oncoming traffic)for the cause of the accident.I didn't have insurance(admittingly)and was fined,at the scene his parents and he gave the cop false proof of insurance and info.(I called the insurance company and they sent me the proof that they lied and are not covered)so i took a copy of that down to the cop shop and got in touch with the cop that handled the accident report etc..,he said he has too much backlog of paper work to get caught up on and he won't be persuing any charges on any of them.!The county attorney said that it is up to the officer to file a report\complaint for any actions to be taken!How can I be fined and not the other?
2007-07-30 21:51:38 · 12 answers · asked by blueeyesrmine 2 in Politics & Government ➔ Law Enforcement & Police
He attempted at fishing and is in the wrong. The Insurance company can prove it. Wait till the lawsuit which is up to two years since that is the limits for an insurance company. At that time he can be subpoenaed.
This the major reason for high Insurance Premiums.
2007-07-30 22:02:53 · answer #1 · answered by Mephisto 5 · 0⤊ 0⤋
Ok, the situation has passed, next time have insurance and the insurance company will have their attorneys fight for you. They will take pictures of the accident to see who was at fault, they will get the insurance information, then you can sue the other side for damages if it was their fault.
The thing is you "must" have insurance (in some states), and if you don't then you are at fault. It may be that the 17 year old is fibbing about whose fault it was, or the tire marks can show whose fault it was, or witnesses whose fault it was. The problem I see is that you may for a few years have problems in getting car insurance.
Get a copy of the police report and add an addendum (remember that you must be honest on any reports) and submit it. If you want to fight this then you need an attorney.
2007-07-31 08:29:49 · answer #2 · answered by sophieb 7 · 1⤊ 0⤋
For one, yes that is legal. Police have discretion when it comes to enforcing laws. That is why so many traffic stops or contacts with the police end with warnings and not citations or arrests.
In this scenario, I am surprised that you even knew what the other driver was being charged with, as the officer had no reason to tell you in the first place.
I can understand his unwillingness to go back to a report from days or weeks earlier. I agree that it sucks, but I know from experience that a police officer already has to pack ten hours of work into an eight hour shift. To add a misdemeanor charge to a prior case is not worth the effort when there is so much more current events happening.
I can promise though, if the officer knew at the time of the incident then he would have been cited for no insurance and for offering fake documents.
2007-07-30 22:38:53 · answer #3 · answered by Vindicaire 5 · 2⤊ 1⤋
In my jurisdiction you would be able to file an affidvait for the offense yourself. After the other party had produced "proof of insurance" that you later discovered to be invalid an affidavit would be required anyway by the officer. There is no way that a patrol officer is gonna have the time to do an affidavit for a misdemeanor traffic violation. I don't know what to tell you to do other than go to court and explain the facts. Hopefully you weren't badly injured because getting money out of individuals is like getting blood from a turnip.
2007-07-30 23:53:37 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Where do you get arrested for not having insurance and lying about it? As far as I know that is a ticket. You need to sue him civilly. Don't be concerned about him not being arrested. People always come on here trying to blame the cop for their problems. The cop doesn't have to bring charges against the guy because you say he doesn't have insurance.At the time of the accident he didn't know that how would he? There is no complaint for "other driver didn't have insurance" . Civil matter take him to court. By the way a summons is not a crime. It's a violation, very different.
2007-07-30 21:58:46 · answer #5 · answered by uknowme 6 · 1⤊ 2⤋
As a universal rule, you prefer to co-perform with the law enforcement officers. as with every employer, they have some undesirable apples, yet in many situations, they are the sturdy adult men. right here is a few stuff cribbed from the ACLU (US regulation): - you have the staggering to stay silent. in case you prefer to workout that staggering, say so out loud. - you have the staggering to refuse to consent to a seek of your self, your automobile or your place. - in case you're no longer under arrest, you have the staggering to gently depart. - you have the staggering to a legal professional in case you're arrested. Ask for one at present. - regardless of your immigration or citizenship status, you have constitutional rights. in many situations (i.e. - different than the place there is demonstrable reason to have faith which you have data of a criminal offense on your automobile, or in an emergency subject), you have a staggering to refuse searches and siezures of assets the place police don't have a warrant. data attained throughout the time of an unauthorized seek or seizure is unconstitutional and inadmissible in court docket. the place the data got here across in an unlawful seek isn't constrained (i.e. - drugs), an action for conversion could properly be introduced against the police tension no count number if this is not back at as quickly as.
2016-12-11 05:44:18 · answer #6 · answered by ? 4 · 0⤊ 0⤋
It's simply up to an officer to charge you with a infraction as they see fit. It would be up to you to take this kids parents to court for damages. Keep all documents sent by the insurance company. Get the police report and a lawyer. Sue them for your law fees. And if it is as you tell it, good luck at your open and shut case.
2007-07-30 22:08:50 · answer #7 · answered by bigblue 4 · 2⤊ 0⤋
Hes a city employee, and has to have a boss.
I'd be climbing that ladder, to find someone who can make them all, do their job. The only reason he has a backlog of paper works, because he's been doing a half-@ss job, and his boss has been letting him, and probably everybody else too. Time for a shake up.....
You pay taxes, right? Skip the ladder, GO right to the top! and raddle his cage........and if that dont work, call the attorney general............
2007-07-31 04:09:21 · answer #8 · answered by DennistheMenace 7 · 1⤊ 0⤋
Other than for minor violations, the police don't charge people. The police refer the matter to the district attorney (or equivalent) who decides whether to bring charges for crimes committed.
And yes, the DA can only bring charges against one person and not another, based on lack of evidence or many other factors.
2007-07-30 22:08:41 · answer #9 · answered by coragryph 7 · 2⤊ 0⤋
It is up to the cop to decide whether or not to file a report, and then it is up to the DA to decide whether or not to press charges. It's likely that the cop feels there isn't enough evidence to make conviction likely, so he didn't bother. But it doesn't affect your case at all.
2007-07-30 22:04:54 · answer #10 · answered by Anonymous · 4⤊ 0⤋