Today I was involved in an accident where I changed into a center lane simultaneously with a car from the opposite lane. I called the Police and waited for them to arrive - the other driver left the scene - after the officer shows up the driver returns to the scene and claims that I moved into her lane. She was also driving with an expired license. The officer told me that unfortunatly in this type of accident someone has to be at fault and wrote me a ticket. I did everything I was suppose to do and yet I got the ticket? I told the officer that she was not telling the truth but he took her at her word. How can I fight this? I am not at fault.
Just happened a few hours ago - not sure what I can do...
I am a traffic lawyer and I'll be happy to help you with this. I hope you are doing fine after the Accident. Normally, your insurance company would defend you against potential property damage claims but, if i understand correctly, this is not the issue and you just want to know how to dismiss the ticket and avoid the fine and points. You have to plead not guilty and go to a hearing to explain your side of the story. Hopefully, by that time the insurance proceedings will help shed some light on the story and provide you with some new information you can use. Bring any witnesses if you have them. Bring up your clean driving record if it is clean. The state has to prove that you committed the offense and, since the officer did not see anything, he cannot testify against you. The other driver will not be there to challenge your defense either. So, the judge will have to give your word a good deal of weight and unless it's obvious from the diagram who is at fault, the judge will have to dismiss the ticket. Good luck!
Do I need to produce the diagram? and should i file a claim on the other parties insurance?
No, you don't need to produce the diagram unless you want to and you think it will help you win. The state has to prove its case, not you. Yes, you should file the claim if you feel they were at fault and you want to get reimbursed.---If you feel I've been helpful, please rate my answer.
One last question - Do you recommend that I hire and attorney and if so, what type?
An attorney will definitely help but he or she would probably charge you $500-1,000 just to fight a Traffic Ticket, so the answer depends on whether this ticket is worth more to you. If you have a commercial driver's license or too many points than I would definitely recommend an attorney. You need a traffic lawyer. You can call your state bar association's referral service and they can connect you to the right attorney at a decent price.
Thank You So Much - I truly appreciate the advise! I feel some relief...
You're welcome! Your battle is not over, and it won't be an easy one but at least you know now in what direction to go.
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