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socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 37837
Experience:  retired (mostly)
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When giving the dmv driving test, the driving test examiner

Customer Question

When giving the dmv driving test, the driving test examiner asked me to take the left turn at a intersection on a road with 45 speed limit when the light was green, as I started to take the left turn, a vehicle came very fast and hit my car. After the accident the cop gave me a citation. I am not sure how much injuries the DMV examiner. Now, if I plead guilty and pay the fine to clear the citation, does the other parties i.e the driver of the other car and the dmv examiner can sue me based on my plea? Can you suggest me the right way to clear the citation?
Submitted: 1 month ago.
Category: Traffic Law
Customer: replied 1 month ago.
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Expert:  socrateaser replied 1 month ago.


A conviction for violation of a safety law, creates a presumption in a civil action known as "negligence per se." It removes two of the elements to proving negligence: duty and breach. Once those presumptions are created, the plaintiff need only prove causation and damages. So, if the other driver can prove that you caused the collision, due to making an unsafe left turn, then you would lose the negligence action.

In some jurisdictions, however, a plea of "no contest" ("nolo contendre"), instead of guilty is deemed not negligence per se in a civil action. If you want me to research the law for your specific jurisdiction, I can send you a premium services offer, and we can take the matter offline. I cannot conduct this sort of time consuming research in this forum, because it represents a bona fide legal service.

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Bot***** *****ne, the answer is "yes," you could be sued based principally, but not entirely, upon the citation if you plead or are found guilty of the traffic violation.

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