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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi i had a accident last month my question is can i fight in

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Hi i had a accident last month my question is can i fight in any way because i was cited for not given the right of way to a cement truck my light turned green to turn and the truck passed the light yellow going to red, i was taken to the hospital right after fire dept got me out the police officer went to the hospital later and told me that it was my fault without even asking what happen and saying that the truck driver had they right of way and that he was going at the speed limit 35 but i know he was going faster since my car was total he also said that alot of wittness said it was my fault but in the police report there are no wittness only what police think happen my court is 11/16/09 do i fight back or just pay fine thanks for the help
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
chuy elpapi,

I would recommend that you consult with a traffic lawyer before your first court date. It might be a good idea for you to fight this case. As an accident was involved, if you admit to fault in court, that may expose you to some personal liability if the driver of the truck feels he should get more than whatever his insurance company gives him for his damages. Conversely, as it sounds as if your car was totaled and you had to be hospitalized as a result of your injuries, a finding that you were not in the wrong might be helpful to you.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 4 years ago.
Thank very helpful but my question is can police officer give me the ticket without even asking me what happen and 3 days later went to police station to get the report and it was not ready due to the fact it was still under investigation
Expert:  Zoey_ JD replied 4 years ago.
The police officer does not have to ask you or the other driver what happened if he has independent eyewitnesses. Apparently he learned enough to believe he had probable cause to write you up for the citation. I don't knw, and neither do you, whether the police officer has other names of witnesses written in his memo book or on other reports. This is something your lawyer could explore if after you talk to a traffic lawyer you decide to fight the case.

The reason the case was under investigation was probably because the police were waiting for the results of your tests to come back to determine whether drugs or alcohol may have played any part in the incident. If so, there would have been additional charges.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15939
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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