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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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Involved in car accident poice were not present at the time

Customer Question

involved in car accident
poice were not present at the time of accident
(2 witnnes) 1 witness stated veh 1 went throuhgt the red light
1 witness stated 2 vichicle went throught the red light
confllicting stories both parties was issued tickets for going throught red light.
can one or both parties be found guilty
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

It is theoretically possible for both parties to be found guilty, for both parties to be found not guilty, or for only one of them to be found guilty. The most common way for both people to be found guilty is if they each decide they'd rather pay the ticket than dispute the charge. Another reason both parties can be found guilty on the traffic ticket is because each traffic case will be heard separately. The judge will consider each case in a vacuum. Depending on the size of the courthouse and how many cases there are, the judge could easily have no idea that someone else is charged with also running a light in the same accident. He'll look at any pictures of the scene, and listen to the testimony that says the driver ran the red light. Then he'll listen to any evidence the driver produces in his own defense and decide whether it's been proven that the driver ran the light. It's possible that the judge in each case will be left not sure who ran the light, and both drivers will be found not guilty. Or it's possible that the state's witnesses won't show up and one or both drivers will be found not guilty for lack of proof.

Each driver will have the option to decide whether to testify in his own defense at his trial. Neither driver has a right to testify at the other driver's trial on the traffic ticket in order to try to establish that they did not run the light. Each driver can get a blank subpoena from the clerk of the court and serve it on the witness who says he or she did NOT run the light so that person can tell the judge what they saw. The judge is more likely to believe a third party witness than the person who is on trial.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
went to court.in rahway , nj . the charge was dismissed . they made me pay $33 court cost.]
Expert:  Lucy, Esq. replied 1 year ago.

I'm glad to hear things worked out for you.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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