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Reckless Damage - Texas

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Ksue

Junior Member
What is the name of your state? Texas

I had an incident happen at a retail store. I pulled into a parking lot, there was only one open parking space available. I was going to pull into this empty space, when a woman in an SUV next to this space, had a baby stroller behind her SUV. I tapped on my horn and asked if she was coming or going. She had the left passenger door open. She did not respond. I sat there waiting for her. I tapped on my horn again, and asked if she was leaving, and that I would like to park my car. She didn't answer. She takes the baby out of the car and slams the baby into this stroller. Meanwhile, her left rear passenger door is open, therefore, I'm unable to park. The baby is now in the stroller behind her SUV. This woman climbs into the left rear passenger seat (door is still open) and sits there for a couple of minutes. I told her to please shut the door so I could park my car. She shuts the door, she's still in her SUV. I pulled into the empty space. I get out of my car, she gets out of her car, and we had a verbal discussion. I left to go into the store. I didn't buy anything and I left the store. A couple of weeks later, I get a citation in the mail for reckless damage or destruction to her vehicle.

This woman alleges that I slammed my car door into her door. The fine is $252 (minimum). Therefore, I've requested a court date with the judge. I filed a Motion for Discovery. There are three witnesses (besides the victim).

Witness #1 is the police officer who took the report at the police station. I asked her if she visually inspected the victim's car, she said "I can't remember".

Witness #2 is the Detective handling the case. I filed with Open Records to obtain the police report. The police report the force used was hit/strike/push. It has zero dollars for damages. I spoke with the Detective to see if the victim had any witnesses, he said she didn't. He did state that later on, she got an estimate from a body shop for $50 damage to the car door. He also did not visually inspect her car. He also stated that the retail place has no cameras therefore, nothing was caught on film.

Witness #3 - is a fella who had seen me pull into the parking space. I asked this witness if he heard the verbal discussion, as to what was said, he said "no, but I assume one took place". He said "the victim seemed pretty shook up". I asked him if he saw me leave the store. He said "no, I didn't see you left the store, I left before you did".

I have taken photos of my car, all sides, doors closed, doors open. There are no damages/dings to my car doors. Also, I did not purchase anything from the store, therefore, what would I have been doing to open my right rear, passenger car door, if I didn't buy anything?

I don't know if the victim will be submitting pics of her car to court (court date is Oct 4th).

The thing is, this woman left after I did. Also, the left rear passenger door of her vehicle is where she sits the child.

Do I really stand a chance of being charged with this? Are there any questions I should ask? It is really going to come down to she said vs. she said.

Any help would be greatly appreciated.

Thanks
 



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