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  #1  
Old 02-18-2006, 11:48 AM
Junior Member
 
Join Date: Feb 2006
Posts: 1

Rear-ended whitness and officer say my fault


What is the name of your state? Tennessee

I have a question about a situation. I had a green arrow to turn left, while turning a person was not yielding for me and pulled right, out infront me and my younger cousin who was in the car. Both of us kept going. Now, it is a two lane road, he was in the left hand side, I had to get over there also, to go on the highway. He was still going under the speed limit by several miles per hour, so I decided to pass him. I put on my blinker and had enough space and room to get over. There was a car infront of me, a white Honda Accord while in the left lane. We then came up to a stop light and slowed down. The time I slowed down to almost a complete stop I looked in my rear view mirrior and the van behind me was slowing down, but just tapped me. We both then got out of the car, I didn’t say anything to the man, he and another guy behind him started yelling at me. They claimed that I slammed on my breaks that caused the man to hit me. There was no damage to either of the cars besides an imprint of his license plate in the middle of the back bumber. There were no skid marks. Also the officer, a city cop and a Highway Patrol man told me that the whitness who was behind the van that hit me saw my break lights come on, which in turn they said meant I slammed on my breaks. They asked me if I slammed on my breaks, first I answered no, then both of the officers said I better say yes or they would try and make it harder on me.

I was recently in court on Thursday, the judge was going to let me go, but then the officer wanted to have the whitness or the guy who hit me come in. They said he had a manditory meeting that didn’t let him join us in court. The officer asked the judge if we could rescedual and he said yes.

If you can help me out that would be great.
  #2  
Old 02-18-2006, 11:55 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
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. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

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 that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, 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!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

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


Other people may give you other advice; stand by.
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(1) Never tell everything you know.
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