Legal Advice Accident/Ticket

[McGahee]

So I wanted to seek some legal advice. I rear-ended somebody last week on the way to work in the morning, totally my fault - combination of a dirty windshield, a crappy driver side wiper, and the worst sunglare ever I could not see jack in front of me. No big deal really, not much damage, but a cop showed up, everything seemed to be fine and today I get a ticket in the mail on top of it. Is this standard procedure for an accident? I personally
think it's Bush League given that the cop didn't issue me
a ticket at the time, and also he specifically wrote
on the ticket "ice covered windshield" which it was
certainly not. He also recorded my car as being green
when it's black FWIW. Sorry for rambling, I'm pretty
sure I can contest this but wondering what exactly I
should say in court.
Thanks
Also, I have no idea why I'm posting this at OOT. I basically cut & pasted an e-mail I sent cutting out some explitives, but I like immediate answers because I'm impatient, hence the accident perhaps?

[surfinillini]

Well..in most cases they will just write up a police report adverse to you and will not cite you.

you must've found a real live one b/c they rarely issue tickets unless theres lots of damage, someone is badly hurt, you did something really stupid and/or are drunk.

Most like he cited you for "unsafe speed for conditions" meaning you were traveling too fast to stop.

There is absolutely no way you can fight this, the fact that your car rear ended and physically hit the other party's car is basically an indirect admission of guilt, how can you argue otherwise.

What state are you in?


PM me u if have any specific questions.

-surf

[MelchyBeau]

I think the deal here is they wrote up the wrong details on the car. That may be your only saving grace in this. It is your responsibility to make sure your car is in safe working order, which includes cleaning and removing ice from your winshield.

Melch

[surfinillini]

[ QUOTE ]
I think the deal here is they wrote up the wrong details on the car. That may be your only saving grace in this.

[/ QUOTE ]

a judge will not dismiss the violation just b/c the cop wrote green instead of black

either way, fight it and see if the cop doesn't show...that will be his only saving grace

if u lose ask for traffic school or else your insurance will be double [censored]

[McGahee]

[ QUOTE ]
Well..in most cases they will just write up a police report adverse to you and will not cite you.

you must've found a real live one b/c they rarely issue tickets unless theres lots of damage, someone is badly hurt, you did something really stupid and/or are drunk.


[/ QUOTE ]

yeah, that's what I thought. None of this was the case. WTF.

I'm in PA, just got my car registered there, though I still have a NY license. With my luck that'll be a problem too.

As for the citation, he specifically wrote "Def did operate a M/V with an 'ice covered windshield'. That's simply false. I did lots of things wrong, but that wasn't one of them. I'm hoping I can use his exact language against him in court. I heard these cops don't even show up most of the time, so I guess I'll fight it.

[AceHigh]

My experience has been that if you fight it, it's pretty easy to get the fine reduced, but hard to get the case thrown out. So if you just want to save some $$$ just show up in court, and say the cop was wrong and you will probably get a reduction in fines and/or penalties. That's the extent of my experience.

[surfinillini]

you have nothing to lose by fighting it, it's worth a shot.

don't expect much though, you just got unlucky and found a cop trying to fill his moving violations quota (it is the end of the month)

[imitation]

Yeh the cop might not show that's probably your best bet, but with rear end accidents because you are always at fault you will likely always be charged with some kind of dangerous driving. It's a shame someone called the cops aww well, hope you get it sorted.

[Ray Zee]

for having a dirty window and a bad wiper you should get a ticket. you caused an accident by your laziness to take care of your car. and reckless driving with bad vision. you caused inconvenience to someone and used up the police time. pay your fine and learn a lesson. and be glad you didnt hurt anyone.

[WLVRYN]

[ QUOTE ]
for having a dirty window and a bad wiper you should get a ticket. you caused an accident by your laziness to take care of your car. and reckless driving with bad vision. you caused inconvenience to someone and used up the police time. pay your fine and learn a lesson. and be glad you didnt hurt anyone.

[/ QUOTE ]

For a message board full of the world's most ethical people, I'm surprised it took someone this long to speak the voice of reason. Take some personal responsibility for what was clearly your fault and could have been avoided with a $10 wiper replacement and some wiper fluid. I hope the cop shows up if you decide to fight it.

[mrkilla]

[ QUOTE ]
I rear-ended somebody last week on

[/ QUOTE ]

I stopped right there, your at fault, have a nice day.

Trust me on this , its something I know way to much about

[SheetWise]

[ QUOTE ]
... he specifically wrote on the ticket "ice covered windshield" which it was certainly not. He also recorded my car as being green when it's black FWIW.

[/ QUOTE ]

I'm trying to imagine your defense ...

"Your honor, I had a dirty windshield, a crappy driver side wiper -- that combined with the worst sunglare ever, I could not see jack in front of me -- BUT -- there was no ice. Moving on, your honor, I would like to address the issue of the cars color ..."

[ QUOTE ]
for having a dirty window and a bad wiper you should get a ticket. you caused an accident by your laziness to take care of your car. and reckless driving with bad vision. you caused inconvenience to someone and used up the police time. pay your fine and learn a lesson. and be glad you didnt hurt anyone.

[/ QUOTE ]

The funny thing is all the stuff he mentioned was an attempt to avoid people thinking he just drives badly, but it backfired when you pointed out the obvious.

[McGahee]

[ QUOTE ]
for having a dirty window and a bad wiper you should get a ticket. you caused an accident by your laziness to take care of your car. and reckless driving with bad vision. you caused inconvenience to someone and used up the police time. pay your fine and learn a lesson. and be glad you didnt hurt anyone.

[/ QUOTE ]

I hear what yur saying even if you did start a domino effect of sheepish "yeah, I'm gonna be cool and bash the OP" posts, but I wouldn't have been trying to get to work if I was the posterchild of lazy scum. Neither the cop nor the guy I hit was half as upset as me, it sucks, it's my fault, and its a learning experience. I know when I was on the receiving end of such a minor fender bender I wasn't on my cell phone calling the cops before I could say 'fudge'.

[Fabian]

[ QUOTE ]
[ QUOTE ]
for having a dirty window and a bad wiper you should get a ticket. you caused an accident by your laziness to take care of your car. and reckless driving with bad vision. you caused inconvenience to someone and used up the police time. pay your fine and learn a lesson. and be glad you didnt hurt anyone.

[/ QUOTE ]

I hear what yur saying even if you did start a domino effect of sheepish "yeah, I'm gonna be cool and bash the OP" posts, but I wouldn't have been trying to get to work if I was the posterchild of lazy scum. Neither the cop nor the guy I hit was half as upset as me, it sucks, it's my fault, and its a learning experience. I know when I was on the receiving end of such a minor fender bender I wasn't on my cell phone calling the cops before I could say 'fudge'.

[/ QUOTE ]

This is not the greatest argument I've ever seen. Also, pay your fine.

[sleepyjoeyt]

When I was 18 I was in a car my girlfriend was driving. Long story short, she flipped the car on the highway going 65. She was driving, got thrown out the hatchback, and ended up breaking her back and "broke" her shoulder in 13 places - she was in traction for a month.

About a week later she got a ticket for speeding, and it may have been for reckless driving too.

Real nice cop.

[Bulldog]

[ QUOTE ]
a judge will not dismiss the violation just b/c the cop wrote green instead of black

[/ QUOTE ]

I have a Mercury Cougar and got a speeding ticket about four years ago. The cop wrote "Toyota Celica" on the ticket. I fought it, went to court, and the cop gave his side of the story. Then I pulled out my registration card and bill of sale and said that he must've timed some other car then pulled me over. The judge then asked the cop if I was ever out of his sight and he said no. He then told the cop to consider offering me a lesser charge. He did, something like failing to obey posted signage or something like that. Something with just the base fine and no points, instead of the base + $$$ and the escalating points against my driving record. The judge then told me he couldn't advise me what to do.

I took the hint and took the deal. I got something like a $60 fine refund and no points, key to not affecting my insurance. After the judge entered the ruling, he asked me if I wanted to know how he would've ruled had I rejected the deal. Of course I was curious so I said yes. He told me that the word of an officer in good standing was sufficient evidence for him to believe without reasonable doubt that I was the driver that the officer clocked, and that he would've found me guilty of the speeding charge.

[mrkilla]

this all depends the argument is something to the effect of, how can I trust the office was paying attention and is following proicedure. If your expected to follow to the letter of the law, so is he which includes writing the ticket up correctly.

yes this answer is vague but I wind up fighting a ticket ever 2 or 3 months