Someone want to get on paint and draw out what he is talking about... I guess I'm slow today.
Got a tip for us?
Let us know
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Traffic Tickett
- Thread starter Spock
- Start date
- Sort by reaction score
Someone want to get on paint and draw out what he is talking about... I guess I'm slow today.
Not so, cops don't witness accidents either and write the tickets based on statements, witness's and vehicle damage.......The other driver is the one who testifies...No hearsay at all..There is no pleading the fifth, its a civil infraction not criminal...Most dont wanna hear the lies anyway !!
I understand that with accidents, seeing as how there is actual evidence that can be collected and used, minor accident or not. However, me telling a cop that someone was speeding, driving wrecklessly etc. has no evidence to back the claim other than me saying it, and is known as hearsay. I believe any judge would throw that out of court very fast, seeing as how nothing can be proven beyond a shadow of a doubt.
Not so, cops don't witness accidents either and write the tickets based on statements, witness's and vehicle damage.......The other driver is the one who testifies...No hearsay at all..There is no pleading the fifth, its a civil infraction not criminal...Most dont wanna hear the lies anyway !!
But wouldn't the other party have to have some sort of PROOF that whatever they say happened the way it happened? Otherwise they can twist the truth anyway they feel like and the court will believe them purely based on the fact that they reported something? Makes no sense.
For example, if I come out with a bat and beat the crap out of my neighbor's car when there was nobody around, then throw the bat out of reach, call the cops and say he just went insane and batted his car, do you really think they'll toss him in the looney bin simply because I said he is crazy?
IANAL, but seems to me you did not admit to a violation so much as describe how you had to make an emergency maneuver due to the lady's cutting you off.
Assuming everything went down as you described (hey, it's the Internet), I'd fight it. I'd rather pay a few hundred bucks to a lawyer than have this on my record.
Assuming everything went down as you described (hey, it's the Internet), I'd fight it. I'd rather pay a few hundred bucks to a lawyer than have this on my record.
Not so, cops don't witness accidents either and write the tickets based on statements, witness's and vehicle damage.......The other driver is the one who testifies...No hearsay at all..There is no pleading the fifth, its a civil infraction not criminal...Most dont wanna hear the lies anyway !!
Yes, but there are vehicle sections which allow this. You also have damage and or injury as a result of the accident. So yes they can do this. Please read my post above.
No it is not a citizens arrest.
Traffic accidents are a different then traffic infractions.
There is a reason why they do a traffic investigation. Skid marks, point of impact etc. They they also look for witness and yes they will also take the drivers statements. Put all of that together and they can usually figure out what really happened.
You can twist the lie all you want but the physical evidence and at pretty much any crash there will be evidence that points to the reason.
There was no crash involved in OP's case and there is absolutely no evidence of damage as well as any other witnesses other than the woman that followed him. So in this particular case it's pure "he said she said" or hearsay. Which is why I'm surprised the cop listened to her at all since she has no proof of any of her statements.
No different...Civil infraction...If the other driver that got "cut off" by the thread starter signed an affidavit, the thread starter gets the ticket...Both the (thread starter and victim) go to court and the judge decides based on the preponderance of the evidence...The cop and his ticket are only the vehicle which makes the court appearance (or not) happen...Again, it is not hearsay..It is direct testimony of the two involved, maybe the cop if he has something to ad..The judge decides who is more full of crap than the other and decides the other way....(Of course it also depends on what state as he did not say !!) but most are uniform..
Believe it or not....
In my state, there would be no traffic citation issued, based on the affidavit but a traffic summons..(Yes there is difference) Which just summons you to court..The victim feels like they were a victim of the thread starter and have a right to be heard..(Of course we can also get into malicious prosecution) but it rarely happens as there is no real damages to the thread starter..Good luck to ya, lets us know how it ends or never starts, on second thought, nahh !!
How much was the fine?
Provided you got the funds to cover it easily, I wouldnt bother, it will be way more hassle than its worth.
I'd pay the fine then take the same amount and treat myself, maybe have lunch somwhere nice and have a margarita or two and raise a glass to her.
Then thank god your not that bitter and twisted and enjoy the fact you somewhere nice having a nice cocktail with friends. While she will die alone with her 7 cats and nobody will discover her body until the neighbours complain about the smell.
..then order another margarita
Provided you got the funds to cover it easily, I wouldnt bother, it will be way more hassle than its worth.
I'd pay the fine then take the same amount and treat myself, maybe have lunch somwhere nice and have a margarita or two and raise a glass to her.
Then thank god your not that bitter and twisted and enjoy the fact you somewhere nice having a nice cocktail with friends. While she will die alone with her 7 cats and nobody will discover her body until the neighbours complain about the smell.
..then order another margarita
That woman in the van seemed to go a long way out of her way just for cutting her up, here in the UK it would most likely be a case of Road Rage, which is common place, I see it everyday and it's usually over something trivial, only last week a young lad crossed a road and whilst swinging his bag onto his back he knocked a cyclist off his bike, I laughed (maybe I shouldn't the cyclist could have been hurt), then the lad apologised and walked off, the cyclist started ranting and I suspect if the lad hadn't walked road rage would have been the end result, but back on track as i said, it's a lot of trouble to go to, and here in the UK it's not likely the Police would waste time investigating, it's hard enough to get them to respond to real crime like break in's, assaults and the like, never mind someone ringing and saying "he drove like a maniac", all you would hear is the tone after the phone was hung up
That woman in the van seemed to go a long way out of her way just for cutting her up, here in the UK it would most likely be a case of Road Rage, which is common place, I see it everyday and it's usually over something trivial, only last week a young lad crossed a road and whilst swinging his bag onto his back he knocked a cyclist off his bike, I laughed (maybe I shouldn't the cyclist could have been hurt), then the lad apologised and walked off, the cyclist started ranting and I suspect if the lad hadn't walked road rage would have been the end result, but back on track as i said, it's a lot of trouble to go to, and here in the UK it's not likely the Police would waste time investigating, it's hard enough to get them to respond to real crime like break in's, assaults and the like, never mind someone ringing and saying "he drove like a maniac", all you would hear is the tone after the phone was hung up
Right on the money !!!
Okay, looking back, Im not sure why I put left turn but it was a right turn at an intersection.. My attorney said he can get it down to a $75 non-moving violation for equipment malfunction. I said I dont agree with that. I go back to court June 15
No offense there Mr. Spock..but your "I didnt do it" stand is illogical...
How much is your time (& attorney, unless he is your friend) worth...
You probably just screwed yourself there. I doubt you'll be able to get it knocked down to anything if you go to court. You were likely better off paying the 75 bucks, which, btw, is a good deal. I had a speeding ticket knocked down to a nonmoving violation and it cost me about $180.
After about 2 miles of her tailgating, I would have slammed the brakes when an animal ran across the road in front of me, exchanged insurance information and let her pay since she hit you from behind.
I don't think a right turn helps anybody visualize what happened here any better. Frankly your description of what happened is crap and if you are no better at describing it to a judge than you are here, you're screwed. You'll lose just on the basis of "story that makes sense" versus "story that is an incoherent mess."
Honestly the lack of clarity in your story gives me a hunch that maybe you were at fault and you aren't telling us any more than what you think supports your side.
You say you were turning right. Was there a stop sign? Where was the woman in relation to you? Moving the same direction or coming towards you? If same direction, was she in front of you or behind you? If coming towards you and you had a stop sign, did she as well? Was she in any kind of turning lane? Did she signal? Did you?
Honestly the lack of clarity in your story gives me a hunch that maybe you were at fault and you aren't telling us any more than what you think supports your side.
You say you were turning right. Was there a stop sign? Where was the woman in relation to you? Moving the same direction or coming towards you? If same direction, was she in front of you or behind you? If coming towards you and you had a stop sign, did she as well? Was she in any kind of turning lane? Did she signal? Did you?
Agreed. And lets not forget the cost of the attorney. You probably should have just paid the original ticket.