My question involves a traffic accident in the State of: NY
I was making a left turn. Other individual going straight, they were speeding and there were men working in the direction they were coming from about 100 feet from the intersection. I get ticket for careless driving as I was making a left turn. I am fighting ticket for careless driving as:
I will not testify so they must prove all the careless driving requirements that I was driving, that it was unsafe, etc.....
Is it true that the officer can not use testimony of witness if they are not in court as I have the right to face my accusers?
Is it true that the officer can not bring up an accident that resulted as that is preemptive evidence?
If the officer admits with a yes/no question that the other party could have been speeding doesn't that make it unclear if it was unsafe to turn?
If the officer was not there, what facts can he use to support unsafe driving if I don't testify? All I admitted at scene was making a left turn and that I was through the turn when I was hit and almost 100% on the other road. The officer kept telling me another story and I kept saying NO that wasn't the way it happened. Does what I admitted at the scene become evidence since I did not sign anything? If so how does he even enter the fact that I was making a left, if I don't testify and he wasn't there and he can't bring up the accident nor any witness testimony?
Isn't careless a judgemental call that the officer without being there can not support as there are numerous extenuating factors to determing if it was safe or not?