Hi all,
So I rear ended the other car back in December 2009. I was driving about 20-25mph on a 40mph road on the outside lane when all the sudden the pickup truck from my right merged into my lane right infront of me and then suddenly hit on his brake. I was startled by this and though I tried as much as I can, I was not able to stop on time to avoid hitting him and so I did. His rear right bumper got minor damage and my left (driver side) front got moderate damage due to my car being a sedan and his is a truck. So when the officer came, he issued me a VC 22350 and noted on the ticket I was driving 20mph on a 40mph street. I plea not guilty and my trial date is next week. The reason for my not guilty plea was because I believed the other driver did an unsafe lane change that in a way, more or less, caused me to rear ended him. Anyway, because I also eligible for traffic school, so now I'm chicken out. What if I go to trial and lose the case and can't go to traffic school? That means a point in my record and insurance likely will go up. My questions are:
1. Should I just go to court before my trial date and just enter a plea of Guilty, pay my fine plus the traffic school fee and get it over with?
2. Should I fight and lose, is there a chance the judge would still allow me for traffic school?
Please help! Thank you all!
VC 22350 Unsafe Speed in Accident
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03-10-2010, 12:59 AMSoCalDriverVC 22350 Unsafe Speed in Accident
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03-11-2010, 07:06 PMMr. KnowitallRe: VC 22350 Unsafe Speed in Accident
1. That's the safe way out.
2. It depends upon the court and judge; the judge doesn't have to allow traffic school after you're convicted of the violation. -
03-12-2010, 10:51 AMHonkingAntelopeRe: VC 22350 Unsafe Speed in AccidentAs I mentioned in the other thread, insurance rates are assessed based on convictions for moving violations, major violations, and at-fault accidents, not the DMV points. DMV points themselves are only used by the DMV to determine when to suspend someone's license for having too many of the above. Only your insurance agent will be able to answer for sure if a moving violation arising out of an accident will raise your insurance on top of the surcharge for an at-fault accident.Quote:
Quoting SoCalDriver
1. Honestly, you didn't do anything wrong when you hit the truck that decided to cut 3 inches in front of you and immediately slam on the brakes. Paying nearly $300 doesn't make sense when you stand a decent chance of beating the case or an excellent chance of getting a fine reduction + traffic school even if you lose. Also, keep in mind that if you win, you might be able to convince the insurance company and DMV to remove the at-fault accident from your insurance file and driving record, as well.
2. Contrary to the popular belief, quite a few judges/pro tems offer traffic school to convicted defendants that are eligible for 8hr traffic school. I sat on quite a few traffic court calendars and seen it happen on each one. Just dress up nicely and be polite when speaking to the officer and the judge. While a lot judges might deny traffic school to habitual traffic violators who show up for court dressed like hood rats, the odds are way better for a typical Joe Schmoe who dresses up nicely for court and checks the attitude at the door.
If the traffic is heavy enough to be moving at 20-25mph in a zone posted for 40, fender-benders happen. Assuming the officer even shows up, feel to ask the officer about the traffic conditions at the time and place of the accident. Also ask if it's common for sudden or unsafe lane changes to happen in heavy traffic (ummm...YES). Finally, and this is the big one, ask if it's possible to be traveling at a safe speed behind another vehicle when someone cuts you off and instantly slams on the brakes because the vehicle that you were following at a safe distance had to hit the brakes for whatever reason.
I also suggest that you take the time to write down your side of the story on paper so you are not stammering and stumbling when it's your turn to testify. Make sure you mention all the relevant bits about the rest of the traffic flowing at similar speeds, that you were following another vehicle at a safe distance (1.5-2seconds behind), and that you didn't have the time to increase the following distance after that truck cut you off. You get the picture, right?
Even if the judge does find you guilty without asking if you want to go to traffic school, just POLITELY ask if you take traffic school to protect your driving record and insurance. -
03-12-2010, 12:06 PMSoCalDriverRe: VC 22350 Unsafe Speed in Accident
Honking,
I will go to trial and present my case to the judge then. Still, I'm very nervous about this. Also, I think in the police report the officer stated that I was at fault for the cause of the accident so will this weaken my case?
Thank you much!
Knowitall - Thank you! -
03-12-2010, 12:49 PMHonkingAntelopeRe: VC 22350 Unsafe Speed in AccidentIf you are nervous, I strongly recommend taking the time to go to court and just watch a session or two of the traffic court so you know what to expect when your court date comes up. Since your court date is next Thursday, you should have still have enough time to prepare a decent defense.Quote:
Quoting SoCalDriver
Since the officer didn't witness the collision himself, he issued the ticket based on the statements of other witnesses (i.e. you and the truck driver). Do you have a copy of the police report you could post? It won't help you that he found you at fault, but you were there and he wasn't. You job is to properly present your story to the court and articulate why your speed was not unsafe despite the fact that you did strike another vehicle (THAT CUT YOU OFF .2 SECONDS AGO AND SLAMMED ON THE BRAKES). -
03-12-2010, 01:42 PMSoCalDriverRe: VC 22350 Unsafe Speed in Accident
Honking,
No, I don't have the police report. It just that I got a letter after the accident from the other driver's insurance company sent to my insurance company and cc me. It stated that I was at fault according to the police report and that my insurance company is responsible for the accident. I wish I could go to court but I can't take anytime off of work at this time.
Thanks again... -
03-15-2010, 05:48 PMSoCalDriverRe: VC 22350 Unsafe Speed in Accident
Honking - Anyway, I meant to say I don't have time to go to a session or two to just watch and know what to expect to happen at court. But I am committed to go to my hearing this Thursday March 18 though still am nervous about it. But here's another the issue, I just went online to confirm my court date but it shows it's cancelled and my new date is Wed March 24. No reason whatsoever about this change. My questions are: When the judge gave me the original hearing date on March 18 should I expect to receive a letter in the mail to confirm this date (because I never received anything)? On this rescheduled date on March 24 should I also receive a notify letter or something in the mail and the reason why it got rescheduled? Had I not checked online, I may be wasting my work time at court this Thursday, the 18th.
I may put this in a new thread but thanks so much for your help thus far. -
03-15-2010, 06:53 PMHonkingAntelopeRe: VC 22350 Unsafe Speed in AccidentNo problem, i know what you meant. Call the court the first thing tomorrow morning and find out what's going on.Quote:
Quoting SoCalDriver
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03-15-2010, 07:06 PMSoCalDriverRe: VC 22350 Unsafe Speed in Accident
Sure! Thank you!
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03-16-2010, 02:41 PMSoCalDriverRe: VC 22350 Unsafe Speed in Accident
Honking - I called the court. Talked to the clerk. She told me there was no reason. They just decided to move my date to 3/24 and they sent out the letter to me already. Forgot to ask her when they sent the letter out because as of yesterday I have gotten no letter. 3/24 is not a good date for me so I asked her if possible I can pick another date. She said I have to go to court and talk to the judge before 3/24 to ask for another date.
Thanks again...