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TJ, Esq.
TJ, Esq., Attorney
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My Granddaughter one car accident on 05/21/11.

Resolved Question:

My Granddaughter had a one car accident on 05/21/11 at 10:30pm in the area of 680 & Blondo. without giving a test the officer called her in as DUI. Granddaughter heard this and inform him that she had not had anything to drink he then gave the test and confirmed that she had not.  she lost control and hit a fixed object. A ticket was issued offense: fixed object . My question is (1) is this a proper ticket and can she win in court, and (2) she will be out of town on court date what is the procedure for getting court date changed. Thank you. XXXXX XXXXXestad, Omaha, NE


PS: SYSTEMS KEEPS ASKING FOR A PASSWORD??  IF I HAD ONE I FORGOT IT.  ASKED FOR HELP TO PROCEED AND REPLY WAS TEMP. WAS SENT TO ME BUT NONE SHOWED UP WHAT NOW?

Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

I'll answer the second question first: Changing the court date it pretty easy, and it generally just takes a call to the court clerk to explain that she would like a continuance. Generally speaking, the first continuance is given as a matter of course, so it'll be approved.

With regard to the ticket, your granddaughter will need to prove that there was a problem with the car if that caused the accident. Therefore, she should be prepared to present testimony from an expert witness who will verify that fact. If she cannot prove that there was a problem with the car, then she'll likely lose the case because the only other reasonable conclusion is driver error. It may seem like the burden of proof is backwards ... in other words, it may appear like she's is having to prove her innocence rather than the prosecutor proving her guilt. However, that is not actually the case. If the prosecution doesn't first prove its case, then she won't even need to defend herself. That said, it won't be hard to prove its case against her because the evidence is clear: She hit a fixed object while driving, and the most logical explanation is driver error.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9771
Experience: Licensed to Practice Law
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