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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 am supposed to appear in traffic court this Wednesday

Customer Question

I am supposed to appear in traffic court this Wednesday for a traffic violation that was not my fault. Basically what happened was that a guy stopped his car short, way before he would have reached the red light and I was not able to avoid him and rear ended him. There was very minimal damage to the already very beat up car which he had borrowed from his friend since he had just moved here from Mexico. My car on the other hand was drivable but pretty beat up. I had a broken headlight and my hood was mess up. I had called my mom since she worked nearby and shortly after she arrived so did the police. We had pulled into a Home Depot after the incident and he had called the cops. While we were waiting this guy told me, and then later my mom, that he had been in two accidents just like this one and he believed he was stopping too short on people. He even told the cop this too when he arrived. After I drove back home, since I couldn't drive my car like it was, my mom headed back to work while I talked to my dad, after everything I now had missed my morning class so I did not need to go anywhere after that. After the accident I was playing the memory over and over again in my head and the only thing that makes since to me would be that the other driver had to have on his phone. I was the one given a ticket not him, since the accident I only wish I had said something to the cop, that I believed he was at fault not myself but I was still frazzled from the whole thing. The other driver had just moved here from out of town and was on his way to a job interview. He did not know his way around and it is the only thing that made any since to me. I appeared in court just over a month ago to plea not guilty and the night before that I was talking to my mom's old boyfriend who was a NY cop and was actually surprised that I got a ticket at all. He said it sounded like the other guy was distracted while driving and especially after he had told the cop that he had caused similar accidents, he did not understand why the other driver was not the one who got a ticket. Sorry about the long question but if anyone was able to read all the way through everything I would really appreciate it if you could help me. I am not sure what I should tell the judge on Wednesday and as I do not have the money for a lawyer I am now here. Any advice is greatly appreciated.
Submitted: 10 months ago.
Category: Traffic Law
Expert:  CriminalDefense replied 10 months ago.

Good morning. You need to decide if you want to fight this or not and if you do, would need to show the Judge that the other driver caused the accident. The reason why you were cited for this was because you have an obligation to keep a safe distance between your vehicle and the one in front of you. This way, when something like this happens, you can stop safely and avoiding hitting the vehicle. The fact that he stopped short, may not be a defense, opposed to a situation where he may have been trying to back up because he missed a turn and hit you. If you go to trial and he fails to appear, the case would likely be dismissed but that it up to you. Even if he was distracted, you would need to show and prove that AND that it resulted in the accident. As I shared, we all have an obligation to keep a safe distance when driving and if you had been far enough behind, you may have been able to stop or avoid him, when he stopped short. Something you need to keep in mind, if you fight this, since the Judge may use this when deciding.

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Expert:  CriminalDefense replied 10 months 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!