English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

A Car being driven in a funeral procession that was hit by another car. The police officer who arrived spoke to a non biased witness who stated that there was a gap in-between the cars in the procession.
The driver of the car in the funeral processions was issued a ticket for reckless driving, and failer to yield to a traffic signal
The driver who cut through the funeral was not issued any tickets
The person in the funeral procession that was issued the tickets arrived at court on the scheduled court date to present defense case to fight the tickets with pictures, letters from her passenger about the accident & another letter from a witness in the procession
The police officer did not show up.
The driver who cut through the procession did not show up.
The Judge ordered a continuance & set another court date for 2 months later.
This legal matter is being handled in Chi Illi
my questions are:
does the person in the the procession need anything else?
is the other person liable?

2007-11-27 07:53:27 · 4 answers · asked by TresAmigo 2 in Politics & Government Law Enforcement & Police

4 answers

Because the ticket issued by the officer is based upon the officers observations, he would be required to appear in court to testify if you contest the summons.

Should the officer fail to appear on the new date, the court could dismiss the summons.

As for the party(ies) at fault in the actual collision...because you are in a funeral procession does not provide for a "right of way."

This will be an issue considered between insurance companies.

2007-11-27 08:27:13 · answer #1 · answered by KC V ™ 7 · 3 0

In my state, and in most other jurisdictions, drivers are required by law to yield to funeral processions. Assuming that this is the case in Chicago Ill. (you'll need to find that in writing), then the accident occured because and only because the other driver broke the law and did not yield to the funeral procession.

YOU had the right-of-way. It is no different than if he had a green light, and proceeded into the intersection, hitting an ambulance on its way to the hospital. He would have been sighted for Failure To Yield. I doubt the cop would have sighted the ambulance for not stopping at the light.

That is the arguement you need to make.

Also keep in mind that if they attempt to convict you of a traffic crime, they must first establish intent or negligence. You were part of a funeral procession. The law says that funeral processions always have the right-of-way. To the best of your abilities, you abided by the law as the situation you were in required you to. You did not act negligently or with ill-intent. The accident occured because the other driver was negligent and disobeyed the law.

2007-11-27 09:01:45 · answer #2 · answered by Voice of Liberty 5 · 0 1

If the facts are as you state then the officer will probably not show nor will the person who cut in, i would have a motion to dismiss prepared and if they fail to show submit it to the court before the judge rules on a continuance.

2007-11-27 08:02:01 · answer #3 · answered by Anonymous · 0 0

Here is the catch all. The lead vehicle may proceed through a red light, but all following vehicles must proceed with due caution.
http://www.cga.ct.gov/2004/rpt/2004-R-0303.htm

2007-11-27 08:36:16 · answer #4 · answered by CGIV76 7 · 1 0

fedest.com, questions and answers