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  1. #1
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: VC 22350 Unsafe Speed in Accident

    Quote Quoting SoCalDriver
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    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!
    If 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.

    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).

  2. #2

    Default Re: 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...

  3. #3

    Default Re: 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.

  4. #4
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: VC 22350 Unsafe Speed in Accident

    Quote Quoting SoCalDriver
    View Post
    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.
    No problem, i know what you meant. Call the court the first thing tomorrow morning and find out what's going on.

  5. #5

    Default Re: VC 22350 Unsafe Speed in Accident

    Sure! Thank you!

  6. #6

    Default Re: 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...

  7. #7

    Default Re: VC 22350 Unsafe Speed in Accident

    UPDATE:

    I just got back from my trial and the judge found me GUILTY!

    So I went to court today around 1pm (half an hour before court starts at 1:30pm). After checking in with the Clerk I sat outside for some fresh air and to relax a bit before the trial. Right away, I saw the guy that I hit. So he got supeona to court for my case so I was like "okay not bad" since I wanted his testimony as well.

    So my case came up but before my case was another case about unsafe speed as well. I couldn't make out what the defendant was saying but anyway he got a "Not Guilty" from the judge so not sure by coming up right after his did something to sway the judge's decision is my speculation.

    Anyway, after the officer testified, oh well, he went on and on how his years of experience on the job with involvement in 1000 of cases so he basically saying he knows what he's doing. Then came the guy I hit testimony. He did admitted that he applied his brakes suddenly because the two cars in front of him did hit each other 'poquito' (a little bit). He requested for a translator by the way. This was exactly something I was hoping he would say and he did. While he was saying this, I noticed the officer was a bit in shock of this new information. He and the judge exchanged glances and the judge kind of ask him did he aware of this which he obviously does not know but he managed to say something like oh the truck's driver noticed that the reason he had to brake suddenly because he thought the two cars in front of him 'MIGHT' have hit each other. Anyway, I thought I have a chance there but the judge said that the truck's driver was able to stop on time why shouldn't I? I said your honor, he cut right in front of me and slammed on his brake. The judge asked if he cut in front of me. After listened to the translator, he hesitated for a split second and said 'NO'. The judge proceeded and found me Guilty! I did not ask for fine reduction but I asked for traffic school. He approved! Case Close!
    Thank you all for your help!

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