Accident with unregistered driver

[catstamat]

My daughter was in a small accident in massachusetts with someone that was driving without registration. My daughter was making a left turn and the oncoming car hit her. The woman in a rush only stayed long enough to give pertinent information and then left the scene. When the police came to take my daughters report that found that the woman was driving unregistered and also had a bad history. The police left without citing my daughter and told her he was going to cite the other woman. Apparently after speaking with the woman he decided to cite my daughter for failure to yield. It is a $35 fine with points. My daughter has a NJ license (she attends college in Mass.) and we are wondering if it is worth fighting the citation since the woman should not have been driving at all. Not to mention the fact that she was not cited for traveling over the posted speed limit. In addition I now live in Florida and my daughter will be moving here next month. she will change her license from NJ to Florida and I wanted to know what impact the points will have on her from all of this. Should we fight this or will it be more trouble than it is worth?? Thanks for your insight. cathy

 

[Happy Trails]

My daughter was in a small accident in massachusetts with someone that was driving without registration. My daughter was making a left turn and the oncoming car hit her. The woman in a rush only stayed long enough to give pertinent information and then left the scene. When the police came to take my daughters report that found that the woman was driving unregistered and also had a bad history. The police left without citing my daughter and told her he was going to cite the other woman. Apparently after speaking with the woman he decided to cite my daughter for failure to yield. It is a $35 fine with points. My daughter has a NJ license (she attends college in Mass.) and we are wondering if it is worth fighting the citation since the woman should not have been driving at all. Not to mention the fact that she was not cited for traveling over the posted speed limit. In addition I now live in Florida and my daughter will be moving here next month. she will change her license from NJ to Florida and I wanted to know what impact the points will have on her from all of this. Should we fight this or will it be more trouble than it is worth?? Thanks for your insight. cathy

I know what you are thinking, the other driver shouldn't have been driving since she wasn't driving legally; thus the accident never would have happened.

The law doesn't look at it that way. Your daughter was guilty of failing to yield to oncoming traffic, the ticket is valid.

 

[seniorjudge]

My daughter was in a small accident in massachusetts with someone that was driving without registration. My daughter was making a left turn and the oncoming car hit her. The woman in a rush only stayed long enough to give pertinent information and then left the scene. When the police came to take my daughters report that found that the woman was driving unregistered and also had a bad history. The police left without citing my daughter and told her he was going to cite the other woman. Apparently after speaking with the woman he decided to cite my daughter for failure to yield. It is a $35 fine with points. My daughter has a NJ license (she attends college in Mass.) and we are wondering if it is worth fighting the citation since the woman should not have been driving at all. Not to mention the fact that she was not cited for traveling over the posted speed limit. In addition I now live in Florida and my daughter will be moving here next month. she will change her license from NJ to Florida and I wanted to know what impact the points will have on her from all of this. Should we fight this or will it be more trouble than it is worth?? Thanks for your insight. cathy

My daughter was making a left turn and the oncoming car hit her.

When you are in someone else's lane of traffic and have a wreck, you are generally at fault.

 

[catstamat]

Is traffic school available?

Do you happen to know if traffic school would be available to her to eliminate the points. I know here if Florida you can take the online course to take the points off your license, only once every 12 months but it is something. What state would she take the course in she is licensed in NJ but accident happened in MA. ??

 

[seniorjudge]

Do you happen to know if traffic school would be available to her to eliminate the points. I know here if Florida you can take the online course to take the points off your license, only once every 12 months but it is something. What state would she take the course in she is licensed in NJ but accident happened in MA. ??

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.