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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 23978
Experience:  9 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I WAS INVOLVED IN A FREAK ACCIDENT CONSISITING OF A LOW SPEED

Customer Question

i WAS INVOLVED IN A FREAK ACCIDENT CONSISITING OF A LOW SPEED COLLISION WITH A 3-4 FT HIGH GUARDRAIL LACKING THE END PIECE WHICH GOES TO THE GROUND. iT WOUND UP TOTALING MY MINI-VAN, AND AN UNNEEDED EXPENSE OF OVER $13,000 FOR A SUITABLE REPLACEMENT. i AM SCHEDULED TO APPEAR AT THE MARION cOUNTY (OCALA) TOMORROW @ 1500 HRS. tHE OFFICER AT THE SCENE PLAINLY SAW THE 2 PRIMARY FACTORS (fogged up windshield coupled with a blinding easterly sun @ 0830 hrs. I was unable to locate the defog control ) FOR THE ACCIDENT, BUT TOLD ME SHE WAS FORCED TO ISSUE ME A CARELESS DRIVING CITATION.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
What is your question regarding this situation?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Is there any way to get out of having to pay #150 fine & an unnecessary Traffic School for $100 more? I am 68 yrs. old and have never been involved in this type of situation. Please advise
Expert:  Zoey, JD replied 1 year ago.
I'm sorry but I do not provide phone call services. I will opt out for someone else who may be willing to call you.
Customer: replied 1 year ago.
I did not receive any assistance as Zoey, JD opted out instead of continuing to process my question above, I am requesting a full refund of any monies charged to my credit card. M.A. Perez
Expert:  CriminalDefense 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 morning. I wanted to see if you still needed help. I am a Florida attorney familiar with these cases and can provide you information if you still wish to use the site.
Customer: replied 1 year ago.
My accident occurred due to not one, but 2 distinct acts of nature. The temperatures had gone into the low 40s during the previous night causing my windshield to fog up. As soon as I exited Motel 6, I was on a turn lane on to I-75 North and was blinded by the rising sun on the east. I wanted to get into the lane that would take me under I-75, but there were several cards coming. I was coasting waiting for my opportunity when the crash occurred. This was my 1st time in the area and I was unfamiliar with the roads. I do not believe I was driving carelessly, how can I convince the judge of that fact? I am south of Tampa and need to be underway to Ocala by noon. It is now0837 hrs. Please advise in a timely manner.
Expert:  CriminalDefense replied 1 year ago.
Good morning. Just to be clear, you hit the rail and no other drivers? There were no witnesses and the officer arrived after the fact? Also, if there was fog on the windshield, did you not have the defroster on or wipers on to rid it?
Expert:  CriminalDefense replied 1 year ago.
Are you still with me?
Customer: replied 1 year ago.
I hit he rail only, and if there had been any witnesses, they were long gone by the time the Ocala OD officer arrived at the scene. Since my previous vehicle was a 2003 Voyager, it did not have a separate control for the defroster. I discovered after the fact) that it was on a rotatory dial with the flow of air settings, and it had a miniature symbol, My current van, a 2009 Town & Country has a separate toggle switch control with a well defined defroster symbol. The main culprit was the sun, for as I turned eastward it completely blinded me.I live in the grayer Tampa area, and had never had to use the defroster, so I was not familiar with its activation.
Expert:  CriminalDefense replied 1 year ago.
Thank you for the additional information. Based upon what you shared with me, it sounds as though you could have a favorable defense and basis to get the ticket dismissed, if you go to trial. The reason why I say this is because there were no witnesses to this, so none would be called at trial. Moreover, the Officer arrived AFTER the fact, so they could only testify to what they saw when they arrived on scene. As such, the State would not be able to prove what happened and you are not forced to testify against yourself. In addition, if you were to even testify and say someone hit you which caused you to go into the rail and drove off, there would be nobody to dispute that. As such, you can set this for trial and when you go back and appear and no witnesses are present and the Officer states they arrived after, the Judge is likely going to dismiss this. While I understand what you shared above regarding what happened, if you go and tell that to the court, they are simply going to ask if you want to go to trial or accept a plea deal.
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.
So, what do you propose I tell the Judge when I appear before him/her in order to preclude the case being referred to trail?
Expert:  CriminalDefense replied 1 year ago.
The Judge is not going to hear facts and take testimony at this first hearing. At this time, the Judge will hear any motions to dismiss if there is a legal basis/ case law to support it or work out a plea deal, if you want to resolve this. If you want to explain your version of what happened, as a mitigating factor, you can but it will not result in the case being dismissed. That is what the trial is for.
Customer: replied 1 year ago.
Would it be proper for me to tell the Judge that I am requesting a dismissal of the case due to a lack of witnesses, and the OCP arrival after the fact? Should I stress that I have never been involved in a similar situation during my entire driving career.? I happen to be 68 years old.
Expert:  CriminalDefense replied 1 year ago.
That would be done at the actual trial. Stressing your clean record is a mitigating factor if you want to take a plea and resolve the case.
Customer: replied 1 year ago.
WHAT CAN I TELL THE JUDGE AT THIS AFTERNOON'S INTIAL HEARING? HOW DO I WORD MY PROPOSAL TO THE COURT/
Customer: replied 1 year ago.
I need to leave in 10 mins. It is now noon. Can I get an answer to the question above? It is very important!
Expert:  CriminalDefense replied 1 year ago.
I had signed off after not hearing back from you for an hour. Can you share with me what happened in court?