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Questions about Fighting an Accident Ticket in Court?

  • Alright, Here's what happened in the accident. I was on my way home from college. The car two cars ahead of me suddenly brakes, so the car in front of me brakes quickly as well. I brake just in time, with 3 or 4 feet to spare between me and the car in front of me. The car behind me couldn't stop on time, and hit my rear. From the impact of the car behind me, my car (a ford focus), got pushed into the car in front of my car and my car was damaged at both ends. When the cops came, they gave me a ticket "Failed Stop within An Assured Clear Distance- Accident". When I told the cop I disagreed with her and the ticket didn't make any sense, she said "Oh it's already in the system, I can't reverse it". I believe she knew that the ticket was an unfair ticket. I had a witness, who was with me when the accident occurred. You see, I DID stop within an assured clear distance, so that's why I am taking the ticket to court. Now for some questions! 1) What if the cop doesn't show up? Is the case dismissed? 2) My driving record is clean, and I've never been pulled over once before. Should I use that when explaining to the judge I am a clean driver? 3) Is the judge going to ask for the witnesses point of view? 4) Any advise regarding what I should say? Thanks!!

  • Answer:

    1) In most jurisdictions if the officer doesn't show up, the ticket is dismissed. In many smaller jursidictions officers are now REQUIRED to show up for court. 2) It never hurts to present your clean record to the judge, but I would assume this would work more along the lines of reducing the ticket versus proving you were innocent of the charges. 3) The judge may ask for a witnesses' point of view, but they just as often may not. It really depends on the situation. 4) Be honest, be professional and be polite and you will be just fine.

Jason - at Yahoo! Answers Visit the source

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First, check your local rules for traffic court on your state's court website. You should follow the procedure to subpoena the officer's affidavit in support of the citation and to compel the appearance of the officer. If you correctly subpoena the officer, the infraction will be dismissed if she fails to appear. However, the judge may make you pay the maximum fine for the ticket if the officer does appear. And believe me, if the officer does appear at court you will not win your case. The judge must only conclude that you more likely than not committed the infraction, and the judge decides how much weight to give each witnesses testimony. If you have a clean driving history, you should request a mitigation hearing as opposed to a contested hearing, and ask for some type of deferral.

So the ticket is unfair but yet its a ticket. Any time you rear end someone regardless of how you hit them you will always get a ticket. Its like a domino effect. Just be glad you weren't the last guy because he is screwed, at least someone hit you in the rear so you will get a check. But the ticket is debatable, but it never helps to consult a lawyer.

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