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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110399
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I got a Traffic ticket in Dec of last year careless with injuries

Customer Question

I got a Traffic ticket in Dec of last year careless with injuries and no insurance .
I was driving a friend to Parker and fell asleep.
I took proof of ins to the little meeting w/ADA He wanted me to sign an open ended agreement that I would pay and have my ins. pay restitution 4 an open ended amount I said no way! Now is seems i can go to jail and alot of fines etc Not working had surgery last year no money and divorce final in Feb. 2016.........HELP
Robert Wheeler
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under CO law, when you have no insurance you pay and the prosecutor is not going to have sympathy on you because the law tells him he cannot. So under CO law you are liable for all injuries your negligence caused and if the amount is not final yet, it has to be open ended.
The only thing you can do is hire a local attorney to represent you and hope to negotiate to keep the fine to the minimum and get the jail sentence to only probation. They will not allow you out of this for bankruptcy. In fact, if you do not make payment for the damage you caused, they will suspend your license for even longer until you pay the debt.
I am afraid though that sometimes customers come here with next to impossible situations hoping for an answer that there is some legal out for them, but in a case like you are in the only out is negotiating the lowest restitution and fines you can negotiate and it is true that the local attorneys who practice in that court frequently get the best deals.
Customer: replied 6 months ago.
I must have written it wrong because I did have insurance on that vehicle it was not mine that did have liability insurance on it I turned it in and up I also have a collision from another vehicle so
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Oh, okay, I was wondering. I am still confused if you had insurance on that car in the accident, then why are they charging you for having no insurance? Did you present your proof of insurance coverage to the court? Is the insurance company paying the bills, that is all the prosecutor cares about and if they are paying the bills then no restitution is even required.
Customer: replied 6 months ago.
OK here we go I was driving a friend in her car,fell asleep,citation was No Ins. Careless w/imjuries,on 2nd meeting with ada. gave them ins.card from her,told them I had collision on my vehicle they wanted me to sign an open ended agreement , with no cap. and it was a 6 page doc.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If your insurer is going to cover the damages, you are right to not sign any open ended agreement. Before you do anything you need to see what your insurance will cover or not cover.
After you determine what the insurance will cover, you need to go back to the prosecutor with proof of coverage and what they paid and I guarantee you their deal for you will change for the better.
The no insurance citation should go away if you prove you had coverage that covered this accident. The careless with injuries would also be something if you used a local attorney that could get knocked down to regular careless without injuries which would significantly decrease your fine.

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