Cops Took the Wrong Side on an Accident

**edsainbolt** · 05-23-2011, 07:26 PM

My question involves a traffic accident in the State of: OHIO

Hi there. I'm doing this for a friend who isn't around a PC right now, but hopefully I can explain it correctly.

He thinks he was driving, and another driver, driving the other way, in the turn lane, turned left (her left) out in front of him as he was driving, as in she was trying to make the turn before he drove past, but he was already too close, and he had to swerve left (his left) in order to not hit her. Unfortunately he still hit her.

He hit his head on the steering wheel and didn't remember what happened at all, so when the cops showed up, he said that he didn't know what happened. He didn't even know which way he was going until the cops told him where he was.

The cops gave him two tickets, and one of them wanted to give him three. Driving on the wrong side of the road, and having his front license plate not showing (one of the cops wanted to give him a ticket for driving over the median as well, but the other cop said he couldn't). They gave him the first ticket because they think he was driving on the wrong side of the road, and the other driver drove right into him. They basically think he was driving on the wrong side of the road for no reason, instead of the other driver turning out in from of him. And he got the ticket for his front license plate not showing, because he had just been in a car accident and the whole front end was smashed in!

i'd like to know
- how can he fight the first ticket (for being accused of driving on the wrong side of the road)
- how can he fight the second ticket (his front license plate not showing)

i think he should fight the tickets. there's no reason for them to take the other driver's side. They didn't believe that he didn't know what happened. They said 'I've never heard of anyone not remembering a car accident' which is completely ridiculous. I think if he just goes to court and describes what he believes happened, and points out that the only reason his license plate wasn't showing was because he was just in a car accident, that he will be able to not have to pay the tickets.

can anyone offer advice? thanks.

**cdwjava** · 05-23-2011, 07:34 PM

The location of the accident (the area of impact) should be quite evident. If your friend was in HIS lane headed the proper direction, and he struck the other vehicle at a location on the vehicle that would indicate the other vehicle turned in front of him, then there would be no argument. However, it seems that they determined that your friend was traveling the wrong way in the wrong lane. He will have a hard time refuting that if the police have ANY indication of that at all.

Identifying the location and directions of the vehicles is not usually all that difficult. An academy graduate with no real collision investigation experience should be able to figure that one out.

If your friend wants to fight it, the first thing he is going to want is a copy of any reports prepared as a result of the collision. I suspect he will find that the AOI is clear and, as such, it will be clear that he was in the wrong lane.

It is highly unlikely, though possible in the right conditions, that the AOI will not be apparent. However, in my experience this has never happened ... but, I am sure that someone somewhere has had such an experience, so I will not say it CAN NOT happen, only that I do not see how it is likely. If he wants to fight it, he had better hope that the investigating officers are idiots without any experience.

**edsainbolt** · 05-23-2011, 07:49 PM

well, i think the reason it looked like he was in the wrong lane was because he was in the wrong lane after the accident, because he swerved left to avoid hitting her. i don't know i'll talk to him again. is there any way he can fight the second ticket? it seems pretty ridiculous that they can give him a ticket for his license plate not showing, just because his whole front end was smashed in.

**cdwjava** · 05-23-2011, 09:34 PM

Quoting edsainbolt

well, i think the reason it looked like he was in the wrong lane was because he was in the wrong lane after the accident, because he swerved left to avoid hitting her. i don't know i'll talk to him again. is there any way he can fight the second ticket? it seems pretty ridiculous that they can give him a ticket for his license plate not showing, just because his whole front end was smashed in.

It is pretty easy to tell what lane it happened in. If the damage is as you describe, then the AOI should be pretty clear. Combine the AOI with the location of the impact damage on the two vehicles and it should be relatively easy for even the inexperienced eye to tell where it happened.

As for the front license plate, if he had it mounted then I doubt it will go anywhere. But, if he had it mounted improperly, then it just might. For instance, if he had it in the front windshield and it is not allowed there, then it would be appropriate to cite for it even if it was a little nitpicky at that point.

Has your friend been to a doctor? Has he obtained any medical explanation for his alleged memory loss?

The problem he is going to have is that he really cannot argue any details of the crash because he claims to have no independent memory of it. So, to refute the claims or allegations of the other driver and any witnesses, and the officers, he will need some technical experts to support his claims. Or, he will have to do an outstanding job in cross examining the witnesses and somehow get them to admit that they do not know where the crash occurred or they are just guessing. This is NOT likely to happen. But, he may have nothing to lose by trying for the Hail Mary.

Also, the insurance companies are not bound by the conclusions of the police report. They have some freedom to apportion fault as they see fit.

**jackohbe** · 05-26-2011, 11:56 PM

Hey, I was in the accident. I don't really mind taking the charge for the wrong lane -- because there were no witnesses, the other lady claims to not know what happened either... but I just want the license plate thing thrown out. Cause it was on the ground, and swept up and thrown away. He knew it, and told me to just tell them that in court. But I don't have the finances to go to multiple trials over a ****ing license plate charge that the picture alone proves that there's no way my license plate would have been there after the wreck. YES it was attached previous to getting hit. YES it was connected correctly.

**edsainbolt** · 05-26-2011, 11:57 PM

okay i've received more information from him. the other drive also claimed she didn't know what happened, his car was on the other side of the road, with his bumper up on the curb and his car facing out into the street. also, the plate was attached to the bumper, and the bumper fell off in the accident, so they gave him a ticket for having no license plate, so would he be able to fight that? it seems like a perfect example of a completely unfair ticket.

there's also a lot of other information about the cops behaviour. they were very rude, gave him no information, refused to believe that he was wearing his seatbelt even though he insisted he was and had burn marks to prove it, didn't tell him where they towed the car, and stole his insurance card and then claimed he didn't give them one. can any of this be used in court? he's currently unemployed. would he be able to have a lawyer provided for him? i'm assuming he can request one at his court date, and that his court date is an arraignment. is this correct? thanks for the help

**jackohbe** · 05-27-2011, 12:05 AM

On a side note: This is my girlfriends car -- the officer wrote the license plate # down on the ticket (claiming I had no license plate -- though I don't know her license plate #... so where'd he get it...??? Well, the back one obviously hahaha but still HOW could you give a charge for license plate after that...

The lady SAID she was going around 40 -- so she admitted to a crime..

I don't really give a shit about the charges just because I really have no idea how i hit her. Lapse of judgement, maybe I zoned out.. Who knows. All I know is one second I'm heading home, one second I'm getting yelled at to sit back down in my car because whoever the guy yelling at me was didn't want me to injure myself.

Non-injury car crash... and there are ZERO witnesses.

Yeah what ed said. They claimed I never gave them the insurance card. WHICH I HANDED THEM right before he forced me into the cruiser. Preventing me from getting any pictures of the crash itself, the women's name, number or any other information. He asked questions like: "Were you wearing your seatbelt." When I responded yes. His response was: "How do you know, if you don't remember." I responded seatbelt burn AND SHOWED HIM and he said something along the lines of -- that's not enough proof for me. It's ****ing stupid. It's all because I'm a pierced up tattoo'd dude and she's an 35-45ish old women...

Cops called me bozo, and wanted to charge me with as many tickets as possible. Said something like: "Do you wanna ride somewhere" and then told me they'd take me part way there, and drop me off to make me walk. All after I was in a ****ing head on car crash? Seriously the police need to have a tighter chain... Is it possible to talk to the judge to get rid of the license plate ticket, and still plead no contest to the other charge? Cause I can't fight something I know nothing about... I never claimed its cause I hit my head I don't remember... However the fact that neither of us slammed out brakes, it would make sense that as soon as I hit her or she hit me or whatever -- my head would have immediately been mobile -- giving me no time to pay attention.

**cdwjava** · 05-27-2011, 08:56 AM

Quoting edsainbolt

okay i've received more information from him. the other drive also claimed she didn't know what happened, his car was on the other side of the road, with his bumper up on the curb and his car facing out into the street. also, the plate was attached to the bumper, and the bumper fell off in the accident, so they gave him a ticket for having no license plate, so would he be able to fight that? it seems like a perfect example of a completely unfair ticket.

I assume there was some reason they wrote that ticket. What code section was cited? ... It may not be for what you think it is.

there's also a lot of other information about the cops behaviour. they were very rude, gave him no information, refused to believe that he was wearing his seatbelt even though he insisted he was and had burn marks to prove it, didn't tell him where they towed the car, and stole his insurance card and then claimed he didn't give them one. can any of this be used in court? he's currently unemployed. would he be able to have a lawyer provided for him? i'm assuming he can request one at his court date, and that his court date is an arraignment. is this correct? thanks for the help

The officers' behavior can be addressed through a complaint to the agency.

As for whether an attorney is provided, I do not know. I suspect that traffic infractions in Wi do not allow for a state provided attorney, but, I am not familiar with this process in your state so it might be possible ... but that would be pricey, so I doubt it unless he has been charged with a crime that is subject to jail as a penalty.