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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 27208
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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How can I fight a ticket based on witnesses (to an accidnt) when the l

Customer Question

How can I fight a ticket based on witnesses (to an accidnt) when the lights stopped working and it is raining; an accident occurred. I do not believe I caused this accident but the collison happened with an elderly couple and myself.
Submitted: 2 years ago.
Category: Traffic Law
Customer: replied 2 years ago.
In addition to this accident, I was the only one hurt. I can give more details if needed.
Expert:  CriminalDefense replied 2 years ago.
Good morning. What are the witnesses saying? Are they on your side or the other parties side? Was this a situation where the lights were not working and you had to treat the intersection as a four way stop?
Customer: replied 2 years ago.
The witnesses are saying I ran the stop sign. Yes this was a situation where the lights were not working and we treated the intersection as a 4-way stop. The crazy thing is no one came to help me for approximately 5 mins and I asked the person to call the police and ambulance. I had stop on two previous intersections so why wouldn't I have stopped at this one? Traffic kept running. So everyone was against me but I don't see how they would know if I stopped or not. Because I know I didn't do this, I don't know how to fight for myself.
Expert:  CriminalDefense replied 2 years ago.
Thank you for the additional information. You have ever legal right to fight this. If you take the case to trial, the State will subpoena the witnesses and they would be expected to appear. When they do, you will be given a chance to cross examine them and attack their credibility, to show that they did not see what happened or what they saw and conveyed to the Officer, was inaccurate. The Officer like arrived after the fact, so they could not testify to anything other then what they saw when they appeared. If none of the witnesses show, then it would be your word against that of the other driver, who was struck.
Expert:  CriminalDefense replied 2 years 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!
Customer: replied 2 years ago.
Thanks you. I am going to fight. It was raining and I truly believe it was my right of way. No one went to the elderly couple until I was being taken in the ambulance and getting cover so the rain would not continue to hit my face. I have not been in a situation like this for 35 years. Can you tell me what type of questions I should ask?
Expert:  CriminalDefense replied 2 years ago.
If the issue is who had the right of way, you want to show and prove it was you and it was the other driver who ran the stop and caused the accident. You can testify to the same on your own behalf and then proceed and ask them questions about the day of the event, to show that may not remember or that you were there first.
Expert:  CriminalDefense replied 2 years ago.
Is there anything else I can answer?