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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23973
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was issued a ticket following a very minor bump to

Customer Question

I was issued a nasty ticket following a very minor bump to another car. Here are the details of the accident. I was stopped behind a car at a stop light I was kind of in "automatic" mode and saw a green light to my left. Thinking the light was for me I pushed the gas and bumped the car in front of me. I immediately got out of the car to talk with the driver but I wasn't given the opportunity. The passenger, the drivers boyfriend, jumped out of the car yelling and cursing. You get the point. I looked carefully at their car and saw no damage. I said, "I'm not giving you my information. There is absolutely no damage to your car". He then tells me he's going to call the police and ultimately does. At this point I'm pretty upset but wait for the cops. The officer allows the passenger to tell his story and continue to yell at me. Ultimately, upset, I begin to talk to the officer. I asked him, "do you see any damage" he said, "I don't know if there's any damage." I replied, "WHAT?! Did you even LOOK?" He said, "yes". I said, "I need to know if YOU see any DAMAGE". His response, "no". He then proceeds to tell me about the report he would be writeing. I said, "I want to know what is going in the report". He now tells me that he saw a "scuff". I insisted he show me the "scuff". He shines his flash light on the "scuff". I took my finger and wiped down the middle of the "scuff". I said, "that's no scuff, that's filth. Watch this." I wiped the dirt away and asked him, "do you see a scuff?" His response, "no". He proceeded to write down my personal phone number and my full name in addition to my insurance and plate information and gave it to the driver of the car. I have her personal phone number as well. I don't want a lunatic to have my phone number and full name. All they have to do is a quick internet search and they know everything about me including wher I live. He gives me the ticket. I don't want to sign but he tells me he will take me to jail if I don't sign. I sign. He then tells me I will have to go to court. When I asked why, I was told that all accidents in this county have to appear in court. Disgusted and very upset by the whole situation I stuff the ticket in my purse and head home. I now felt like I could look at the ticket. The reason for the ticket. "following too close". AKA tailgaiting. This holds a very steep fine and 6 points. In addition, all "following to close" tickets have to appear in a court of law. Therefore, he lied to me about why I had to appear in court. He arrived after the incident so how can he make the claim that I was "following too close". He saw nothing. We we're at a red light, stopped. I rear ended the guy because I made a stupid mistake. He saw nothing. The cars were not close to one another when he arrived. In addition he made a false statement on the ticket. He checked "yes" to were there any injuries. This is fraudulent information. I behaved badly, yes. I said "I have a nice brand new car. Look at their car. I told the officer I didn't give my information because I don't wanna be sued". This cop didn't like the fact that I made him look like an idiot and that I challenged him. Was I smart ass? Yes, but I get a little hot when I'm being verbally assaulted by a lunatic and then made to deal with a cop who clearly didn't care about any of it. Not even enough to assess any damage without being asked to do so. What can I do? I want to file a claim against this cop and I want to fight this ticket. Wow. Forgive the rant.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. You have every legal right to contest this is you want and go to trial. If you do, the driver and their passenger will appear and you all can tell the Judge your version of the event. Now, the Officer arrived AFTER the fact, so he can not testify as to anything except what he saw, when he appeared. As such, he can not say who is at fault and that will be up to the court, based upon the evidence and testimony present. Now, you shared above that you did hit them, so there could be a basis to find you guilty. Now, if there is no damage, then there is no basis for them to file a claim with the insurance company, since nothing needs to be repaired. Moreover, if you want to file a complaint against the Officer, you can and would need to do so with internal affairs, so they can look into his conduct.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
I am guilty of bumping them. My question pertains to the ticket I was issued. How can I be issued a ticket when the cop wasn't there and saw nothing. Will this ticket hold up in a court of law?
Expert:  LegalKnowledge replied 1 year ago.
Yes, I understand. I know you want to file a complaint against the Officer and that needs to be done through the department he works for and with internal affairs. You can appear in person and file a formal complaint and the conduct of the Officer would be looked into. A driver of a vehicle has to keep a safe distance between them and the vehicle in front of them and if the ticket was issued for following too close, that would be correct, based upon what you shared with me above. Here is the statute which controls, which the State needs to use and prove.
O.C.G.A. 40-6-49 (2010)
40-6-49. Following too closely
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any motor vehicle which is drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(c) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This subsection shall not apply to funeral processions, parades, or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency.
(d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following for purposes of this Code section.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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