fail to pay full time and attention

[fulltimeandatte]

What is the name of your state (only U.S. law) Virginia - Arlington

I was driving with 10-15 mph up a hill on a narrow 2 way road with cars parked on both sides. A bus was coming down the hill. At a speed bump, my left side mirror touched the bus and the mirror fell off (only the glass, not the arm). The bus did not have any damage. The only damage was my mirror, which I've fixed for $53. There is no other damage to my car. Nobody was hurt or anything.

The bus driver called the police cause he needed a report and the Arlington police gave me a "summons", charging me with "fail to pay full time and attention". The officer also checked the box saying "you may avoid coming to court only if this block is checked [and the fine is paid]". The officer also write down on the Driver Exchange Form: "Accident number N/A, Report on file NO" He also wrote by hand: "Non-reportable by statue". The officer assured me that I can pay the fine that that is it. (I did not admit fault)

I've tried to pre-pay the fine, but the lady told me that the officer did not write the code section and thus I must appear in court. I've talked to the officer and he added the code number 14.2-16 (Arlington County Law http://www.arlingtonva.us/Departments/CountyBoard/CountyCode/Ch14_2_MotorVehiclesAndTraffic.pdf ). The officer now insists that I must appear in court and there is no other option. The law says I may spend up to 10 days in jail for this.

It seems a little strange to appear in court (and risk jail?) for a damaged mirror (my mirror). I have a good driving record and I am above 26 years of age.

Any advice is appreciated. Thank you.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law) Virginia - Arlington

I was driving with 10-15 mph up a hill on a narrow 2 way road with cars parked on both sides. A bus was coming down the hill. At a speed bump, my left side mirror touched the bus and the mirror fell off (only the glass, not the arm). The bus did not have any damage. The only damage was my mirror, which I've fixed for $53. There is no other damage to my car. Nobody was hurt or anything.

The bus driver called the police cause he needed a report and the Arlington police gave me a "summons", charging me with "fail to pay full time and attention". The officer also checked the box saying "you may avoid coming to court only if this block is checked [and the fine is paid]". The officer also write down on the Driver Exchange Form: "Accident number N/A, Report on file NO" He also wrote by hand: "Non-reportable by statue". The officer assured me that I can pay the fine that that is it. (I did not admit fault)

I've tried to pre-pay the fine, but the lady told me that the officer did not write the code section and thus I must appear in court. I've talked to the officer and he added the code number 14.2-16 (Arlington County Law http://www.arlingtonva.us/Departments/CountyBoard/CountyCode/Ch14_2_MotorVehiclesAndTraffic.pdf ). The officer now insists that I must appear in court and there is no other option. The law says I may spend up to 10 days in jail for this.

It seems a little strange to appear in court (and risk jail?) for a damaged mirror (my mirror). I have a good driving record and I am above 26 years of age.

Any advice is appreciated. Thank you.What is the name of your state (only U.S. law)?

Nope - you'd be spending time in jail for colliding with another vehicle.

(I'm 39 and I have a good driving record - what's that got to do with it?)

 

[FlyingRon]

Since you have to go to court on this, I'd plead not guilty. Did they subpoena the bus driver?

 

[Jim_bo]

Since you have to go to court on this, I'd plead not guilty. Did they subpoena the bus driver?

FlyingRon is on the right track here... the bus-driver would be the witness who would have to appear to testify against you. If he doesn't, you should move for dismissal as anything the cop could say would be hearsay.

 

[Zigner]

Is this supposed to be a "pearl of wisdom"???

Nope - it's an accurate statement - something we don't see much of from you.

 

[Jim_bo]

Nope - it's an accurate statement - something we don't see much of from you.

It is hard for small minds to recognize truth through all of their internal filters.

 

[Zigner]

It is hard for small minds to recognize truth through all of their internal filters.

Yes, but your above statement is definitely the first step on your path to understanding.

 

[FlyingRon]

In NoVa is's pretty common for the cop to subpoena the 'victim' as a witness in an accident (I've been to court a couple of times as a witness, I call it adding insult to injury). Without the witness there's only the observation of the physical evidence which doesn't really sound compelling in this case.

 

[fulltimeandatte]

Thank you everyone.

How can I find out if they subpoenaed the driver ? I guess asking the officer is not a good idea.

Is this a criminal charge? If found guilty, will this be the first thing on my criminal record ?

To be honest, I want to avoid going to court at all cost (I am a little scared of it).

 

[FlyingRon]

Why do you care? You already have a mandatory appearance. Go with the flow. If he's there you are going to argue you were both paying attention but the narrow street caused you to misjudge.

If the bus driver doesn't show up, they have no choice but to agree with you. Frankly the driver really doesn't have much reason to testify to the contrary anyhow.

 

[justalayman]

To be honest, I want to avoid going to court at all cost (I am a little scared of it).

doesn't sound like you are going to be able to avoid court.

so, was this actually even your fault? You haven;t said anything that shows it is your fault and I didn't read anything where you believed you were actually at fault. Were you?

 

[FlyingRon]

General District Court is real informal. If you want, go down ahead of your court date and watch. Sometimes it gets entertaining. You're not going to spend time in jail over this.

Search these forums for SeniorJudges instructions on how to behave in court and you will be fine.

 

[fulltimeandatte]

Thank you everyone. This morning I was in court to watch what is happening. Now I am more relaxed. I have decided to appear in court and plead not guilty. I will read the instructions on the forum about how to behave in court. I will post how it went (it will be a while until then).

 

[fulltimeandatte]

case dismissed

I pleaded not guilty. The bus driver did not show up, so the officer told the judge what the bus driver told him. Then I told the judge that the road was narrow and that the only damage was my mirror which I fixed for $53. The judge asked the officer if he saw the incident or if what the office says is based on what the bus driver told him. The judge also asked the officer about my driving record, the officer said it was irrelevant. Then the judge dismissed the case and advised me to be more careful next time.