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Is it worth it to hire a lawyer for this ticket or should i…

is it worth it to...
is it worth it to hire a lawyer for this ticket or should i represent myself incourt
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3/7/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 31,967
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Hi,

What is your defense?

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Customer reply replied 1 month ago
its my word against his
Customer reply replied 1 month ago
is their a law against driving through a walmart parking lot

If you don't think the other person is going to show up, you may not need a lawyer. If he does show up, then you need to be prepared to cross-examine him. The intent is to make the judge doubt whether what he's saying is entirely accurate. You don't have to show that he's outright lying (although that also would work), just that there's some reasonable doubt as to the truth of the story. One way lawyers try to do that is to show that they didn't have a great view of the incident: they ask about lighting, weather, any obstructions in the path, whether the person needs/was wearing glasses, and things like that. You can do all of that yourself. A lawyer can sometimes ask multiple questions to try to confuse them or catch them in an inconsistency.

You also can take the stand yourself, although it helps sometimes to have a lawyer asking the questions.

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The primary issue is that, if you hire a lawyer, you have to pay upfront. There is no refund if they aren't able to get the ticket dismissed. So part of the consideration is how much the ticket costs versus what the lawyer is going to charge you.

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A parking lot is private property. Technically, you only have a right to be there if you're visiting the store or intending to do so, because the store grants permission for that. Driving through the parking lot without any intent to visit the store could be charged as trespassing.

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Customer reply replied 1 month ago
can a camera in a parking lot be used to prove that you were driving carelessly?

Yes, it can. That's stronger evidence that the word of a person watching you drive.

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Customer reply replied 1 month ago
can the camera tell if you are driving carelessly or too fast through the parking lot?

That's going to depend largely on the camera. If it records video, yes. If it's only taking pictures, then the judge would look at things like whether the vehicle appeared to be swerving, or where pictures are time-stamped, how far the car travels between shots. Not to mention the quality of the photos, which can also be distorted by things like time of day, weather, lighting, and distance from the car.

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Customer reply replied 1 month ago
can i get a sephena on the phone records to see if the other driver was talking or texting on the phone during the incident

You can ask them during cross examination whether they were talking or texting while in the parking lot (and therefore not really looking at you or paying attention to what you were doing). It is possible to subpoena the records, but you'd want a lawyer to do that.

Note that the judge is more likely to allow those types of records to be used if you were in a collision with the other person, and from what you've said, I don't know if that's the case.

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Customer reply replied 1 month ago
my wife was in the vehicle with me as we were entering the parking lot. What questions can i ask my wife

You can ask her anything about how you were driving. If the car was swerving, if it was weaving, if it was crossing marked lines, things like that. The goal is to get her to tell the story of what happened, so the judge can see that you weren't driving carelessly.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 31,967
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified
Lucy, Esq. and 87 other Traffic Law Specialists are ready to help you
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 31,967
31,967 Satisfied Customers
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.

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