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Loren, Attorney
Category: Legal
Satisfied Customers: 28514
Experience:  30 years experience representing clients.
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My son who is 17 has received a careless driving citation because

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My son who is 17 has received a careless driving citation because he was taking his friend home and was trying to adjust the seat and took his eyes away from the road long enough to hit a curb that ended up bouncing the car into a small tree. the speed was less than 25 mph and the airbags in our brand new car never went off. Both of them were fine even though ambulance was dispatched. the local police said he had to site him because another person was in the car. there appears to be no property damaged although the car was damaged and towed. he was cited a year ago for rolling through a stop sign but was expunged by going through a driver safety class. can he try and waive this citation by the same means. this is a small town and the other judge in the other small town admitted at the time of his first offense that he would have no way of knowing it wasnt his first offense and therefore have had people going through traffic school more than once to get citations removed. do we need an attorney present at the hearing or just pay the fine. the only reason given for the citation was that he had someone in the car with him. all that is checked on the citation is: violaton, accident,no culpable mental state. What to do?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Remember the burden of proof is on the state and no one witnessed the accident but your son and his friend. Your son can not be compelled to testify and if his friend does not come to court there will be no one who can testify as to what actually happened.

However, because your son probably made incriminating statements to the police, you will want to get an attorney to represent him and either go to trial or see if it can be plead to something less serious and maybe get traffic school or some other disposition to keep his record relatively clean.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

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Thank you.

I am unclear as to why you rated my service negatively. If I misunderstood your question I apologize. Is there further information I may provide to help clarify my answer? I am happy to answer your follow up questions until you are satisfied.

Customer: replied 3 years ago.

im sorry, i thought i just explained it when i replied. because there were no statements that i am aware of that my son made at the time that would be derogitory and the only reason the officer had to write the citation in his words, that it was because there was a passenger in the car at the there any defense to dismiss or challenge the citation. if there is a reason to try and fight it and if so, what?

Thank you, XXXXX XXXXX following up with me.

Yes, I believe that your son has a good chance to fight the ticket because there were no witnesses to the accident. If, as you say, your son made no incriminating statements, there is no one who can testify at trial as to what happened and there is a good chance it would be dismissed. Since it is the state's burden to prove the guilt of your son, they have no witness testimony to meet that burden and your son can not be forced to testify.

For all the judge knows, a dog ran into the road and our son swerved to avoid hitting it.

The officer had discretion. He did not have to write the citation. That is not an accurate statement of the law.

If your son does plan to go to trial on this, do go to court with an attorney. There is no reason you need to learn as you go.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.


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