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Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal

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  • 05-01-2017, 10:59 AM
    leahblue
    Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal
    My question involves a traffic ticket from the state of: Georgia

    The officer did NOT witness the incident. I called him after I was rear ended. I was (unfairly) given a citation for Unsafe lane Change.

    I have several questions, but I will begin with this one. The ticket states that the accident happened at 8:37pm. But the officer ticked off a box that says "Daylight".

    Can that be grounds for dismissal?

    Also, two officers responded. One came first and got our accounts and was there for quite awhile. Then another came and I had to retell the account several times. He wrote the ticket.

    Should both officers be in court? And if the first one is missing is that grounds for dismissal?

    thank you.
  • 05-01-2017, 11:29 AM
    free9man
    Re: Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal
    If you and the other driver told your version of events to both officers and neither actually witnessed the accident, only the one who issued the citation will need to be there.

    The daylight checkbox is not going to get you out of the ticket.
  • 05-01-2017, 11:31 AM
    leahblue
    Re: Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal
    Thank you.
  • 05-02-2017, 08:25 AM
    prusakolep
    Re: Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal
    I would add, since the officer did not witness the accident, he can only really testify as to the statements you made to him, and to describe the scene he saw when he arrived. So proving the charges in court depends on whether you made self-incriminating statements to the officer, or whether the scene of the accident (including damage to the cars) indicates strongly that you committed the offense, or the other driver testifies as a witness. Without more details it's hard to tell which way it will go, but if you have any chance of getting the charges dismissed, it's because there may not be sufficient evidence, rather than the error on the ticket. The error on the ticket could be used to throw into doubt the credibility of the police officer if he repeats this error while testifying in court (e.g. by reading off the ticket).
  • 06-29-2017, 10:09 PM
    leahblue
    Re: Is Listing "Daylight" when the Accident Happened at Night Grounds for Dismissal
    Quote:

    Quoting prusakolep
    View Post
    I would add, since the officer did not witness the accident, he can only really testify as to the statements you made to him, and to describe the scene he saw when he arrived. So proving the charges in court depends on whether you made self-incriminating statements to the officer, or whether the scene of the accident (including damage to the cars) indicates strongly that you committed the offense, or the other driver testifies as a witness. Without more details it's hard to tell which way it will go, but if you have any chance of getting the charges dismissed, it's because there may not be sufficient evidence, rather than the error on the ticket. The error on the ticket could be used to throw into doubt the credibility of the police officer if he repeats this error while testifying in court (e.g. by reading off the ticket).

    I'm not sure if I saw this response before.

    The damage was across my back bumper and light damage to his front. He was squarely behind me.

    A follow up: I have had the arraignment and on the document that has my court date the charge reads: Improper Use of Center Lane.

    As I posted elsewhere, I'm not 100% sure what I'm being charged with and what I should prepare for, so I'm preparing for everything - i.e. what's on the ticket, what's on the docket, and summons, and also to have it dismissed.
    But I'm trying to decide if it's best to just assume that the charges were changed and fight the Improper Use of Center lane.

    It's an easy fight.
    There is no center lane.
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