I was initially sentenced to go to court on a FTY ticket, in which I pleaded not guilty. The person that was suppose to go to court about the case never showed up. So the judge threw this case out. Months later, I received notice that I'm now being taking to small claims court about vehicle damages. Can this person try and use the FTY against me even though the judge through this case out (because of his no show)? AND if he doesn't show up for this court case. About how many times can he initiate going to court and wasting my time about this issue?
Thanks!!
2007-12-19 07:40:26 · 8 answers · asked by Flawless O 1 in Politics & Government ➔ Law & Ethics
The "summons" to court on the first issue that was dismissed by the court would be considered a "criminal" or "traffic" issue.
Subsequently, the other person is obviously seeking monetary restitution for damages resulting from a failure to yield. This is being done in small claims court which is a "civil" issue.
The burden of proof in a civil case is lower than that of a criminal case.
Without knowing what else occurred...I am guessing an accident with damages to the other vehicle resulted. The other person is dealing with this issue in a pretty pathetic manner and should have just conducted business directly with you or through the insurance company. But...it sounds like he is attempting to recoup monetary loss without going through the insurance companies.
Once the case goes through small claims...that's it...unless there's an appeal! Most appeals in a case like this are not reversed!
2007-12-19 07:47:20 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
ok heres the deal! If you went to court and the judge dissmissed the case thats the end of it! theres no more ticket and he can bring that up! the only thing is that if you got into a collision with the other guy he can sue you anytime within the next 2 year period! but the lawsuit should state what its for! the FTY ticket is gone dont wry about that! he cant bring it up! and if he fails to come to court on that day then theres no more suit for life! !!!!!
GOOD LUCK! hope that helps
2007-12-19 07:45:22 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The FTY could be brought up, however you can say that it was thrown out. Which will be considered by the judge. Basically he's going to have to present a case that it's your fault that the accident occured. The burden of proof is on him. He may have a copy of the report which shows you where cited and that says you where at fault. He may have witnesses to testify to the fact it was your fault. You have to show that it wasn't your fault that it was simply an accident.
I'd suggest hiring an attorney..or at least consulting one to review your case.
2007-12-19 07:46:32 · answer #3 · answered by w_woody 3 · 0⤊ 0⤋
He can take you to court if you damaged his vehicle, however if your insurance has already payed him for damages then you will probably win because he has already been compensated for his damages. However if your insurance did not pay he will probably win because you did Fail to Yield right of way. He will not be able to sue you after this as the judge will throw it out because it has already been dealt with.
2007-12-19 07:46:20 · answer #4 · answered by courage 6 · 0⤊ 0⤋
The first case was criminal, now this one is civil.
Remember how OJ had two trials - won the criminal, lost the civil.
You are halfway to matching that unless you get an attorney to explain things to you.
2007-12-19 07:47:11 · answer #5 · answered by Barry C 7 · 0⤊ 0⤋
I don't know, they may be able to take you as many times as they like as long as it is to a different court. Hay you may end up on judge Judy
2007-12-19 07:45:42 · answer #6 · answered by babyandmom1 2 · 0⤊ 1⤋
If I were you, I'd get a really good lawyer. Sounds like this person is out for money.
2007-12-19 07:51:22 · answer #7 · answered by JMDP 3 · 0⤊ 1⤋
Why didn't you yield?
2007-12-19 07:44:05 · answer #8 · answered by jessica.lanelle 4 · 0⤊ 0⤋