How to Beat an Accident Ticket

[kgk87]

My question involves a traffic ticket from the state of: Georgia (inside Atlanta)

So I got in an accident yesterday, it was completely my fault--I was turning left across three lanes of traffic and the first two were backed up all the way to the light and space was left for me to pass. The third lane was not backed up, but I didn't see an oncoming car, so I proceeded to make my turn. As I was crossing the third lane, a car hit me. Because it was a busy intersection, we moved the cars before the officer arrived (an hour after the accident).

I spoke with an officer friend after I got the ticket, and he said that because I was ticketed as a result of the accident, and the cop didn't witness my failure to lead, I should plead not guilty. He said the court would reschedule for a trial date and request the other driver to come in. I'm paying for the guy's car out of pocket, so as long as his car is fixed, he really has no reason to come to court. The cop said that, assuming the other driver doesn't show, then the ticket will be dropped because the cop isn't allowed to testify to something he didn't witness. It makes sense to me, but is that really how it's going to work?

[blewis]

That's MOSTLY true, I believe. However, even though the officer did not witness the accident and cannot testify as to what the OTHER parties may have told him (hearsay), he CAN testify as to what YOU told him. So, if you admitted guilt and described what you did (as you did here), the officer CAN give testimony of that. In practice, though, the officer rarely appears, and the prosecution will probably only subpoena the other witness. If he doesn't show up, the ticket will probably be dismissed.

But, I'm NOT an attorney, nor do I have knowledge of GA law, so my advice is worth just about what you paid for it.

Barry