Good afternoon,

I'm very sorry to hear of your situation.

While you may use the speed of the Jeep in defending against a claim for property damage or injury in a civil case, if one is filed against you---such a defense is of no significance in a traffic court.

I'm very sorry, but based simply on the fact that you were making a left turn when struck by a vehicle coming in the opposite direction, there is almost a certainty that you will be convicted of the moving violation of you plead not guilty.

And, as a guilty plea or a conviction in the matter will mean that there is a presumption in any subsequent civil case that you were negligent---if you are going to plea to the charge---consider entering a plea of No Contest. While the state will count it as a conviction on your driving record, the other part can not use the conviction in a civil court in an effort to prove you at fault in the accident.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

Good afternoon,

I also believe that the driver was talking on her cell phone. Does this matter ? It matters a lot for any later civil lawsuit filed against you---but not a bit for the moving violation itself.'

The other driver could have been unlicensed, underage, and drunk off her keester---and the citation would still likely be upheld by the judge.

When you are read the charge at court---and you will have to go to court to enter a plea of no contest---the judge will ask you how you plead to the charge---then yo simply tell the judge you plead No Contest. A waiver and fine will result in a conviction---not a no-contest entry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug