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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default A Magic Witness Appeared

    Three weeks ago, I pulled up to make a left turn on a red light, my light changed to a solid green, but I must yield to oncoming traffic until it clears. I entered the intersection and waited for it to clear. Traffic became light and at the same time I was turning it turned yellow. A person in the opposing left lane was two car lengths back behind the crosswalk as I am turning. there head was down and on the cell phone and they hit the back part of my bumper when I was about 75% through my turn.

    I pulled over to a side street as it was just a small bumper dent. I approached the person asked if they were ok she was on the phone talking still to someone, and went back to my car, to get my insurance. I came back a few minutes later and they were still talking about 5-10 minutes had passed, I realized I had the wrong vehicle card and went back to get the right one from the vehicle.
    At that time,
    A lady then pulled in front of my car, b- passed me and my car said nothing and walked back to the person parked behind me that had hit me.
    The lady later to claim as a witness was very friendly with the lady that hit me. I thought it was just a passer by that knew her.
    ( please note I had my 12 year old in the car and she didnt stop or care if he was ok that was my first clue)

    We finished writing up the insurance info, and I was ready to leave the person whom hit me came up to my car door and said she called 911. I found that odd since it was a small fender bender.


    The Cop arrived said very little to me, I just figured he was there to make sure everyone was all right, I told him the lady blew the light and hit me.

    He came back and gave me a ticket stating I did not yield.
    I said that wasn't true, and he said well the witness told him what happened. I said what witness, he said that lady. I told him she arrived way later. He said he knew the witness and was good friends with her and her huspand.

    I then said, well does the witness know the person whom hit me, because their made no sense. And he said he didn't know and never asked.

    So that was that I had a 300.00 ticket and called my insurance company, I later this week found out through my insurance investigator, the witness and the person whom hit me work together and know each other.

    Five causes of concern:

    1. the lady whom hit me is lying.
    2. The witness wasn't there at the time we hit.
    3. the witness works with the person whom hit me and was less then five minutes away from the accident.
    4. The cop knew the witness.
    5. The Cop never told me he was investigating the accident.

    I am in Oregon and, we are not allowed counsel in traffic court, I feel I am getting the short end here and I can not find any help to save me a bad record and a huge ticket.


    Thank You

    Paul

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default 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

  3. #3
    Join Date
    Nov 2007
    Posts
    2

    Default 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.

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