Holographic77

Tomorrow's court date stems from a one car accident (only me) that I had back in August. I had just recently acquired the vehicle (B5 Audi S4) and was still somewhat unaware of the vehicles "limits". That being said, I was taking an unfamiliar (2 lane) highway exit ramp at a good rate of speed. I subsequently lost control of the vehicle, spun out and hit a guard rail (so much for Quattro!?). Thankfully no one else was involved in the accident. Long story short, car was repaired a month later (7k$).

A state trooper arrived on the scene (well after the incident). There were no witnesses, but he did however site me for "failure to control speed to avoid an accident". I did damage the guardrail slightly.
He advised me (off the record) to go to court, plead "not guilty" (as there were no witnesses).

My dilema is that i'm not sure what I should tell the judge? I was considering stating that someone cut me off, and I over compensated to avoid a more serious accident.

My driving record is clean, although I did just receive a "probation before judgement" decision on a previous (only one ever) speeding ticket back in July.

Any advice/recommendations for tomorrows court date?

Thanks.

Dr.Duct_Mossburg

Story sounds solid, brign up the clean driving record, and any other positive things about yourself.

Holographic77

I'm concerned about that previous ticket. It was given a "probation before judgement" ruling.

pizipe

Whatever you told that officer will be written in a report that the judge will have access to. If your story in court doesn't closely resemble the story you told the officer, the prosecutor will most likely send the case to trial instead of dismissing it. I had that happen to me once in court.

krypt0

Big 2nd. Did you get a hold of the accident report the police officer filed?

tmaslar

I am not sure I would go this alone. Courtrooms and hearings a strange places. It is many times the relationships that the DJ's, judges and prosecuters have with yourlawyer that matters most.

If you do not have a lawyer. I would suggest you arrive fairly early to the hearing. Hopefully you can recognize the officer who wrote you up. Ask him if you can talk with him for a moment. Be very respectful....Yes officer No officer thank you officer ect.

Tell him you are sorry and will not let somthing like this happen again. You may want to say you have a problem with too many points on your driving record. Basically ask him for forgivness. Make as much small talk as possible to befriend him. Ask him about his job the hours he works etc....

Them ask him if you can work something out with him. Most states have a statuate with a violation for "Disobeying a legally posted sign" that carries no points. Ask him if he is willing to give you one of those instead of the original charge he wrote you up for.

You may be very surprised how willing he is to work somthing out with you. Just try and be his buddy. These guys want to get these things over as quickly as possible. They have got coffee to drink and donuts to eat! They do not want to spend alot of time in the courtroom.

If he is an ******* this will not work. In my personal experience this approach has worked many times for me. It is usually easier with local cops than state cops, although I have worked things out with with state cops too.

Remember to cop has the power to rewrite you ticket on the spot for a lesser charge Before you enter the hearing.

That is the best outcome.

Going to court especially without represetation is not the best way to go.

If you did have an attourney he would do the same thing. Try to get the cop to work it out BEFORE the hearing. It is really in everones best interest to do so. Give it a try. You have nothing to lose.

hodan

I'm an attorney in Missouri & Kansas. Traffic laws and driver's licenses are different everywhere. I can't give you state/court specific advice. This is NOT LEGAL ADVICE.

Here are some basic rules to remember as a defendant:

1. The prosecuting attorney (gov't., state, county, city, etc.) has to have enough evidence to prove that you are guilty, beyond a reasonable doubt. That means the prosecuting attorney has to call witnesses or have other evidence (photos, documents, etc.) to prove that you did the crime.

2. You have the 5th amendment right, U.S. constitution, to not incriminate yourself. In other words, you don't have to say ANYTHING to the Judge, except for guilty or not guilty.

3. If you said ANYTHING to the officer that wrote the ticket - he will repeat it to the Judge, if you have a trial.

Ask yourself these questions:

1. Can they prove I was driving?
2. Can they prove I was driving at excessive speeds?
3. Can they prove that driving at excessive speed caused the accident?

You have three options: Plead guilty, go to trial, or talk to the prosecuting attorney to see if he/she'll amend the charge or dismiss it.

If I were you, and representing myself without an attorney, I would probably walk up to the prosecuting attorney, and say, this was a one car accident, no witnesses, no injuries, and the car has been repaired. Please dismiss it.

I need to be clear about this. This is NOT LEGAL ADVICE. I have not been retained as your attorney. There are likely other legal defenses that would be available to you. I would recommend you consult an attorney that practices in that court.

Good luck.

Holographic77

Never obtained a copy of the accident report. Screwed?

tmaslar

Hodan,

You are correct.

I am only telling of my personal experience in Pennsylvania. This may work differently in other states.

Talking with the officer BEFORE the hearing has almost always worked for me.

I learned this from my attorney who has represented me in the past. After I saw him do it a few times I no longer neede him to do it for me. He incouraged me to do it myself and it does work most times in Pennsylvania.

The officer is usually willing to work somthing out unless he is an *** or you pissed him off during your encounter when he wrote you up.

I would of course not say anything incriminating to to the officer.

Also I would always try and talk with him outside if possible.

krypt0

That report is what the police officer wrote, and would be what he would bring to court.