by police later that evening, should she plea guilty or no contest...!
2007-12-26 10:38:26 · 16 answers · asked by gman4459 1 in Politics & Government ➔ Law & Ethics
I'd like to thank everyone for the replys, I have a 31yr clean dmv..including 11yrs with a class A.....she also has a 10yr clean record....thanks..trooper, I knew no contest would be best overall and she did admit to the owner that she did in fact "tap" her vehicle..but she tapped it with her 99' Ford explorer rear bumper..against the rear of a 98' Toyota avalon...it was'nt a pretty site, this happend last wk..bout 6:37am in dark foggy conditions, yes I did explain that xtra care should have been used at that time...we just received an estimate from our neighbor of 900.00 in damages...pay it or let insurance handle it....?
2007-12-26 11:06:25 · update #1
It won't matter. A no contest is treated the same as a guilty plea. She should just pay the ticket and look behind her next time. The owner of the other car should also have been ticketed.
2007-12-26 10:42:57 · answer #1 · answered by lcmcpa 7 · 4⤊ 1⤋
Well, she can try pleading nolo, but most states, if not all, it is actually illegal to back out of your driveway. Even though the other vehicle was illegally parked, she hit it when she backed out and that would be her fault as she obviously wasn't paying attention. Considered reckless driving. She could look into why the owner of the other vehicle didn't get a ticket. Or did they? Oh, by the way, it is also illegal to turn around using someone elses driveway. Most people don't know that. These situations would make the individual at fault regardless of whether or not they think the other is.
2007-12-26 10:51:28 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Doesn't matter if it was illegally parked. Hitting another vehicle that was parked is still against the law. Now, the person who was illegally parked should have been cited as well and possibly your insurance company can fight any claim for 100% damages by trying to make the case that the other party was a certain percentage responsible as well.... like 10% for example.
2007-12-26 10:44:34 · answer #3 · answered by Ms Betty 4 · 0⤊ 0⤋
No contest is not an admission of guilt, it just states that you do not want to fight the charge. The court will find you guilty, but there is a major difference.
A no contest plea can not be used against you in a civil lawsuit. A guilty plea can, as can a guilty finding if you plea not guilty.
You are giving yourself extra protection from a lawsuit if you plea no contest.
2007-12-26 10:52:14 · answer #4 · answered by trooper3316 7 · 1⤊ 0⤋
She IS guilty. If she pleads no contest, she will be found guilty and pay the SAME fine as if she plead guilty. The primary difference is that the no contest plea is NOT an admission of guilt and can't be used against her WHEN the owner of the car she hit sues you for damages.
2007-12-26 10:59:23 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
It doesn't matter if the car was illegally parked, your wife did not have control of her vehicle. If she can plea no contest and get out of it, the it may not effect your insurance too much.
2007-12-26 10:43:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The driver of a vehicle has to have complete control of that vehicle regardless of what she hits.. Be thankful that it was a parked car and not a child wandering across the street.. Bottom line when you drive you have to pay attention to your surroundings.. It's her fault no matter what.
2007-12-26 10:51:17 · answer #7 · answered by Ditka 7 · 0⤊ 0⤋
I was under the impression that guilty was the same as no contest. You're not furnishing enough details. How was the other vehicle parked illegally?
2007-12-26 10:43:09 · answer #8 · answered by DOOM 7 · 0⤊ 1⤋
She hit it so she is guilty. I've been in this situation. It sucks. Although the car was parked illegally she should "have seen it" is what they'll say but it holds a strong arguement in her favor that the car was parked somewhere it shouldn't be.
2007-12-26 10:42:31 · answer #9 · answered by ash 3 · 1⤊ 0⤋
No contest. She looses anyway. Anytime a moving vehicle hits a park vehicle, it loses automatically.
Gulity leaves the impression that she knew what she was doing.
No contest, you throw yourself at the mercy of the court with explanation. "I didn't see the parked vehicle while I was backing up".
2007-12-26 10:48:12 · answer #10 · answered by Tinman12 6 · 0⤊ 1⤋