Hey there,
I'm considering fighting a Carless Driving ticket I recently recieved follwing an accident. I'm 18 years old and I have been driving for four years ticketless/accidentless.
Here is what happend:
At approximately 4:00p.m. I was traveling 10 m.p.h. east down an alley. Upon meeting the intersection of Douglas Street, I stopped and looked to my left to check for oncomming traffic, however my vision was blocked by a Dodge Pickup truck and a line of 3 other vehicles parked up the street. I checked to my left and there was no oncomming traffic. I slowly proceeded into the intersection beacuse I couldn't see around the Dogdge pickup. A second later I was hit on the driver side near the tire. THere was major axel damage and quite a bit of body damage as well. I was legalally at fault beacuse I pulled out infront of the person. I was then cited with a 94 dollar fine for Careless Driving. Although I admit fault, how was this being careless? I stopped prior to entering the intersection and checked the area for oncomming traffic to the best of my ability.
My car, not being worth more than 2,500 dollars, was totalled out by the insurance company. My car recievied significant axel and body damage and possibly engine problems. The other car ended up with a few scratches on the bumper and a broken headlight. The other driver was not cited with anything.
It happend in a small, rural community where town cops rule the earth. My boss is the city engineer, and when talking with the police chief about my incident the chef said something along the lines of "That's what you get when a kid doesn't look." It was his impression that the police chief would show up and testify against me. It seems to me that the Chief is trying to teach some "punk kid" a lesson.
A member of the city council has proposed putting a no parking stall near where my accident occured because it is a blind intersection and potentially hazardous to anyone using the alley. THe motion failed beacuse parking is limited near Main Street the way it is.
The woman who hit me happends to be a classmate of mine, and as offered to testify on my behalf against the ticket stating it was blind and we couldn't see eachother.
Here is the Definition of Careless driving:
32-24-8. Definition of careless driving--Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor.
Is this worth fighting?
If the cop doesn't show up, will the court rule in my favor?
If the cop does show up, and it's his word vs. mine will he win?
If I win, do I pay court costs? How much are court costs? If I loose, Do I pay court costs? Do I hire a lawyer?


