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  #1  
Old 12-27-2005, 10:54 PM
McGahee McGahee is offline
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Posts: 735
Default Legal Advice Accident/Ticket

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?
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  #2  
Old 12-27-2005, 11:21 PM
surfinillini surfinillini is offline
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Join Date: May 2004
Posts: 5
Default Re: Legal Advice Accident/Ticket

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
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  #3  
Old 12-27-2005, 11:25 PM
MelchyBeau MelchyBeau is offline
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Join Date: Sep 2004
Location: Ruston, La... Soon San Diego
Posts: 186
Default Re: Legal Advice Accident/Ticket

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
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  #4  
Old 12-27-2005, 11:43 PM
surfinillini surfinillini is offline
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Default Re: Legal Advice Accident/Ticket

[ 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]
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  #5  
Old 12-28-2005, 12:08 AM
McGahee McGahee is offline
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Join Date: Jan 2005
Posts: 735
Default Re: Legal Advice Accident/Ticket

[ 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.
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  #6  
Old 12-28-2005, 12:08 AM
AceHigh AceHigh is offline
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Location: Pennsylvania
Posts: 1,173
Default Re: Legal Advice Accident/Ticket

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.
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  #7  
Old 12-28-2005, 12:36 AM
surfinillini surfinillini is offline
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Default Re: Legal Advice Accident/Ticket

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)
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  #8  
Old 12-28-2005, 01:18 AM
imitation imitation is offline
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Default Re: Legal Advice Accident/Ticket

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.
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  #9  
Old 12-28-2005, 01:31 AM
Ray Zee Ray Zee is offline
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Location: montana usa
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Default Re: Legal Advice Accident/Ticket

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.
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  #10  
Old 12-28-2005, 01:55 AM
WLVRYN WLVRYN is offline
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Join Date: Mar 2005
Posts: 141
Default Re: Legal Advice Accident/Ticket

[ 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.
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