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Traffic Ticket Help

Discussion in 'Other Off Topic Forum' started by MarineVette, Mar 1, 2004.

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  1. MarineVette

    MarineVette Karting

    Mar 1, 2004
    106
    #1 MarineVette, Mar 1, 2004
    Situation Cliff Notes: Went skiing in North Carolina last week. Went down for breakfast during the middle of snow storm. When I was returning to the resort, I was traveling up hill, heavy snow, road covered in snow on a uphill left hand turn. Another car came down the hill barely tapped us. Due to our location, we decided not to stop becuase I was afraid we wouldn't regain foward progress on the iced over road, or worse, we would slid off the side of the mountain. We looked back and appeared that the other vehicle didn't stop as well.

    Conclusion: Cop found my vehicle, then me, wrote a citiation for failure to stop at the scene of an accident and crossing the center line.

    Please offer any advice you may have. If I am convicted, what type of penalties come with this charge, it was class 1 misdemeanor. The cop said that often times once the insurance agency is contacted by both parties that the case will be dropped. Is this true? There was no damage to my vehicle and VERY minimal to hers (scratched paint). Thanks for your help!
     
  2. airbarton

    airbarton Formula 3

    Nov 11, 2002
    1,462
    Kennesaw, Ga.
    Full Name:
    Chuck Barton
    #2 airbarton, Mar 1, 2004
    I may be wrong here but it seems to me that the only witnesses to this were you and the occupants of the other vehicle. That being the case I would first ask, Did you cross the center line? Did the other vehicle stop and if not did they also get a ticket for leaving the scene. I would think that the crossing the center line charge would be near impossible to prove as it is just your word against thiers. In fact I don't understand why a cop would write you a ticket for something just on someone elses word. As far as leaving the scene though, he could write that I guess if the other party stopped and called him and waited there. Thats why I asked if they were also ticketed for this. Bottom line though if this was your fault just fess up and work it out with the other party. If it was thiers maybe you should get a lawyer!
     
  3. TSMIV

    TSMIV Formula Junior

    Jan 27, 2004
    374
    Columbus, MS
    Full Name:
    Robert Goodman
    #3 TSMIV, Mar 2, 2004
    It sounds like a pretty flimsy case against you. I think once the insurance companies get involved all charges will be dropped.

    No judge will convict you based on my understanding of your recollection of events.

    Is there any proof that you caused the damage to her vehicle? Like your paint on her vehicle, her paint on your vehicle.

    If not, It may be ruled a no fault case. You each pay for your own repairs.
     
  4. MarkG

    MarkG Formula Junior

    Nov 3, 2003
    369
    Colorado Springs
    Full Name:
    Mark
    #4 MarkG, Mar 2, 2004
    1. this is a classic case of hit and run. Your best defense would have been to argue the safety issue of stopping on a snow/ice covered hill IF you had called the Police as soon as you got to a safe place with a phone. Since the other party reported the accident and you didn't, credibility is going their way.

    2. Defense against crossing the center line would be obfuscation, i.e. center line was covered by snow and so it was a best judgement guess as to where actual center was. Obviously SOMEONE was over the line; and again, since the other party was the one who reported the accident, credibility as to who will go their way (the law make an assumption that no-one would make a report or 'confession' against their own interests if it was false)

    3. as to a Class 1 Mis. that is the highest level of misdemeanor, next step felony (which this case would/will be if occupant of other car decides at some point they have "neck/back pain"). Class 1 Mis. can entail large fines, community service and jail time.

    4. This almost exact thing happened to friend of mine in the Big Sur mountains in Calif; rounded a blind curve, struck another vehicle, exchanged driver license and insurance info and he forgot about it. Only problem, the other driver then filed a report with the CHP as soon as he got to a phone. Now its 'hit and run', cost my buddy plenty in attorney fees.

    Bottom line, if you get in an accident, no matter how minor, FILE A POLICE REPORT!!
     

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