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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Traffic Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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How does a typical traffic lawyer fight careless driving in

Customer Question

How does a typical traffic lawyer fight careless driving in an accident? I am a unemployeed student and my court date is today, I just want to have some insight or maybe an advise on how you would fight a case like this. I was also give a ticket for failure to stop, however I didn't stop but couldn't see the on coming traffic due to trees obscuring my view along with a hill from the on coming traffic
JA: Thanks. Can you give me any more details about your issue?
Customer: I was t-boned in the intersection however the driver who t-boned me was injuried, thus my citation is C with $250 fine. 75$3714$C and 75$3323$B. I understand that only one of them will carry 3 point offend if I am charged, but I am not guilty of careless driving or not stopping when I did stop but was unable to see beyond the stop sign and on coming traffic has a hill when really obscured their on coming view.
JA: OK got it. Last thing — Traffic Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Traffic Law
Expert:  MIAMILAW1127 replied 10 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The attorney will first see if the witness shows up to the hearing. Without any witnesses, the ticket will get thrown out because the officers cannot witness the accident since they arrive after the accident occurred.

If the witness shows up, then the attorney can argue the obstructed view as a defense. Based on the facts you are stating, it seems likely that it will get tossed, especially if you have a relatively clean driving record.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 10 months ago.
I have never have an accident in PA or traffic tickets, and I live in MD with clean record of driving for 9 years. However, can you actually provide me instructions on how I can win my case? I do not have any attorney as I do not have enough funding to do so.
Customer: replied 10 months ago.
I took photo of the area, where on the stop side, to the right side of my shoulder a few large trees obscured my view of the on coming traffic, even after sneaking out a bit, I couldn't see any further as on coming traffic road are hilled which didn't allow me to see too far out. My car as hit in almost middle of the intersection. Can you provide me some instructions on how I can proceed? My traffic court case is in PA (Cumberland county)
Expert:  MIAMILAW1127 replied 10 months ago.

If the witness doesn't show up, then you need to basically ask that the case be dismissed because there are no witnesses.

If the witness does show up, you basically need to state your testimony that the view is obstructed. It doesn't seem like you have time if your court date is today, but you can go take pictures of the intersection, etc. to show how the views are obstructed. Any evidence you can get to support your contention would greatly assist you in getting the citation dismissed. Aside from that, the judge will consider your driving record. Since you have a clean driving record, they may make you an offer.

Customer: replied 10 months ago.
If the witness showed, how and what type of offer should I expect? How can I ask the case to be dismissed when witness doesn't show
?
Expert:  MIAMILAW1127 replied 10 months ago.

They make you an offer of paying the citation and court costs, but withholding the points.

You just ask for it in open court by stating that you move the court to dismiss the action because the witness is not present.

Customer: replied 10 months ago.
move the court to dismiss"? Is that it, is there anything else that I will need to know of?I certainly can't afford the ticket cost, so I won't accept that sort of offer. Will they dismiss both of my citation (citation for not stoping and careless driving)? When officer does show up to court, how should I proceed to give my statement of event?
Customer: replied 10 months ago.
How will you handle my case, if you were the attorney that is representing me at court? Can you provide me your step by step procedure?
Expert:  MIAMILAW1127 replied 10 months ago.

I have already described to you what I would do as an attorney.

They will not dismiss both citations. That is highly unlikely. The best offer you will receive will be a withhold of adjudication (meaning no points) in exchange for you paying for the citation and court costs. Aside from that, you can try going to traffic school and paying a reduced fine and getting no points.

However, it is unlikely you will get the tickets dismissed entirely if the witness shows up.

Customer: replied 10 months ago.
When I went to court they say they have to reschedule since last week due to officer and witness unable to show. The judge wasn't there either. What is my rights now? Do I have to wait or is there anyway for case to be dismiss even though the judge was no show as well?
Expert:  MIAMILAW1127 replied 10 months ago.

No. Your rights are the same.

You need the judge to be there to dismiss the case. Hopefully, the cop and witness do not show next time when the judge is there.

Customer: replied 10 months ago.
Is there anyway for the charge to be dismiss when they didn't inform me of date change until I arrived in court?
Customer: replied 10 months ago.
Forget this, you can't be any faster can you?
Expert:  MIAMILAW1127 replied 10 months ago.

No. You cannot have the charges dismissed for that, or any other reason than the reason I've given you.