Re: A magic Witness Appeared !
Based on my reading of ORS 152-076, you are "allowed" an attorney. However, the court must be informed and an attorney for the prosecution will also attend. Otherwise, the officer acts as prosecutor (ORS 152-082). In your case, an attorney may not be a bad way to go.
In order to convict you, either the other driver or the witness or both must be present at the trial. The officer did not see the accident and can only testify about YOU told him -- not what the others said. If either or both actually show up (something I rarely see in WA), it seems to me that you should be able to establish, on cross-examination, that they are friends -- along with being friends of the officer.
Can your 12 year old testify as to when the "witness" showed up? Of course, the witness may testify that she saw the accident, but it was unsafe to pull over and drove around the block. You should be able to find that out from your insurance investigator.
I also note that in OR, it's illegal to ENTER an intersection when the light is YELLOW!
You've got a really interesting case -- I wish you the best of luck,
Barry
Re: A magic Witness Appeared !
And Update After Speaking with my insurance company investigator.
They said the person whom works with the person whom hit me is not replying to them or responding.
The person whom hit me has hence has come up with another Witness whom wasn't even there and did not speak to the officer. There was no other witness its made up.
What ads even more to this is the extra added witness , wasn't at the accident ever, but did call my insurance company and said what I did.
But the person whom showed up later as a witness won't return there
calls.
This extra witness , though verifies the fact that I state the officer showed up long after the accident.
By saying she was there and left, there was no witness but if they both show up they will not be very believable.
Whats new today:
1. A new witness the cop never saw, nor I. But called my insurance company.
2. The original witness they claim they have won't return calls to my insurance company.
I wonder should I have been notified the officer was investigating the accident? Because I wasn't. He just showed up and never said much to me until he wrote me a ticket.
To respond to the part of the witness showing up later, the one witness said, she was making a right turn at that intersection. So she wouldn't have went around the block. The other we have no information.