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  1. #1
    Join Date
    Jul 2008
    Posts
    15

    Default Fighting Ticket

    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?



    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fighting Ticket

    The officer should testify only as to what the officer personally observed, as well as any statements made by you. If they want the testimony of a witness, they should produce the witness. But you will probably be surprised at how much an officer can make of your statements, the position of the cars, debris on the road, etc., in relation to documenting how an accident occurred. And whatever the speed of the other car, you did make a left turn in front of oncoming traffic - you should have observed the oncoming vehicle's speed and refrained from turning if you did not have time to safely clear the intersection.

  3. #3
    Join Date
    Jul 2008
    Posts
    15

    Default Re: Fighting Ticket

    So since I admitted to an accident at the scene and that I was making a left and was at a certain point when the other driver hit me is all evidence that can be testified to by the officer?

    Can he pick and choose what I said? I told him my version which he kept trying me to change and kept ignoring and interrupting me.

    Can he testify that there was an accident since I admitted at the scene?

    Can he testify to the damage to the vehicles observed after the fact?

    can he testify to injury of other party observed after the fact as I didn't even see them and still don't know anything about them?

    Can he testify to speed of either vehicle? Note I am certain other vehicle was speeding excessively as the intersection was clear when I entered.


    Just a note that the officer did not measure the skid marks that were on the road where the other driver was coming from. I have pictures of them from immediately after the incident. The officer chose to ignore these clear skid marks. Instead he measured ones that are illogical or if logical were after other driver hit me and then kept on skidding. Clearly these skid marks if they were part of the accident prove my ascertation that the other driver was speeding. The other driver had ABS brakes.

    How can an officer choose to ignore some skid marks and use others that fit what he kept on asserting and I kept on saying no to. he was trying to put words into my mouth from the first introduction. The ones that he ignored fully support my version of the accident and based on the damage to my vehicle make sense as he hit me still speeding and then veered and still had to skid to control themself from hitting another vehicle in the intersection.

    Officer arrived after the incident occurred. Another officer arrived a half hour later who is the officer on the ticket. I have no clue why the first officer didn't write up or anything about him. I believe the first officer knows the other individual which is why I think they are supporting them over me.

    There is also a report that clearly states that this intersection is considered unsafe. Can I have the officer read it if it's part of the township records? Will this help me?

    Any help at all? I can't afford an attorney and i have a 100% clean driving record after 35 years of driving. No points, no speeding, nothing.

    Thank you.

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