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Fleeing the Scene of an Accident.

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SirSincere

Junior Member
I'm in the State of New York.

I was on my way to the Student activity center with a friend when, we diecided to go to the dorms for fodd instead because he had a meal card and recieved discounts on food. I was reversing in my own lane to a mini loop to turn around. Suddend a felt a bump as i was not looking ahead but backwards a I reversed I didnt see the car in front of me when I looked there was a car in my lane on my fender. Granted that I was going fast i knew the damage couold not be major I continued to the reverse to the mini loop to get out of traffic way. Stuck my head out my window to see if there was any damage. My car had a black coat of paint ahd the other car was white, not seeing any white paint on it I told the driver a young lady that it was ok waved her off and made the turn I planned to and continued to the dorms (I really didnt want to press the issue of a minor fender tap because i was supposed to sell the car that day). I approached the light turned out red a legal turn when I see her peel out and head my way i thought nothing of it and continued.

Shortly after my friend said I think that girl is following you as he looking in on the glasses. I see her going in and out of the lane in a 2 lane street going about 55 in a 30 granted that I was doing 40. I approached a stop sign and went ot make my turn when a F250 ran his stop so I preshed on the gas a bit to get out the way, my car fish tailed a I hit a tree and damage my rear axle. The girl who was following come thru that same intersection and rails a jeep mercedes, another car and rear ends a taurus. My car couldnt moved and she was in a heep of problems herself. In a matter of seconds cops showed up and pointed to me as if it was my fault, my friend spoke to a few peopleo n my behalf and they left. The officers told me all I need was a tow truck and I wouldn't be charged for the tree. As I sat there waiting for my tow truck to come an office approaches me and ask me if was in an accident early I said she tapped my bumper but I stopped spoke to her telling her it's ok it not a big deal I'm selling the car don;t woory about it, she sat in the car.., nodded at me... and I left. He said ok, went and spoke to her came ab issued me a ticket.

Now I went ot the courts and spoke to the judge and told him that the office wasnt there to see the accident so how can he issue me a ticket. The judge said he wasnt there, put the paper in a book and said ok you can leave. This occur in 2005.

Now I get this summons in the mail saying I have to appear in 07 for that, I want to know if I have a better chance on saying the office wasnt there to see the incident, should I bring my friend even though he lives far away I'm sure I could presuade him to come. I just need general advice on approaching this situation. Because I sold the car the damage was bad but not bad enough to affect the sale. Also I believe that young lady was from out of state and didnt even attend my college.

A few facts
she hit me on a turn
she was out of her lane
she was trespassing I believe
the speed limit was 15

Someome please help me, I have to show up at court next week, also please excuse any typos its 5 am and I havent slept since I got this summons 3 days ago.
 


cepe10

Member
Two years seems too long to bring charges. Sounds really weird. The intitial trial should have been it. If the girl had something to say she should have been in court then. I would look into the statute of limitations. I would certainly bring your witness and bring it to the courts atttention that the charges have already been heard in court and their was no finding of guilt.

Perhaps her isurance is trying to pull a fast one...
 

You Are Guilty

Senior Member
Bring all your witnesses, dress nice, and pray (often) to the deity of your choice that you get the world's most gullible judge.
 

cepe10

Member
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS


statute of limitations:
"(d) A prosecution for a petty offense must be commenced within one
year after the commission thereof."

speedy trial requirment:
"(c) sixty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of not more than
three months and none of which is a crime punishable by a sentence of
imprisonment of more than three months;
(d) thirty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime."
 

You Are Guilty

Senior Member
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
statute of limitations:
"(d) A prosecution for a petty offense must be commenced within one
year after the commission thereof."
How much do you want to bet he consented to the adjournment at that first appearance?

speedy trial requirment:
"(c) sixty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of not more than
three months and none of which is a crime punishable by a sentence of
imprisonment of more than three months;
(d) thirty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime."
True, but only if you proactively make a stink about it. If you don't make the request, it's deemed waived.

If having a conviction is of particular concern, it might be worth speaking to a local attorney familiar with such tickets before making the next appearance and potentially doing more unknowing damage to your defense.
 

cepe10

Member
How much do you want to bet he consented to the adjournment at that first appearance?
True, but only if you proactively make a stink about it. If you don't make the request, it's deemed waived.
If having a conviction is of particular concern, it might be worth speaking to a local attorney familiar with such tickets before making the next appearance and potentially doing more unknowing damage to your defense.
I'm not sure "consented" would be the appropriate verb in a kangeroo kourt:) I think to consent you have to have been made aware of what is occuring:) perhaps "intimidated/coerced"...
 

You Are Guilty

Senior Member
I'm not sure "consented" would be the appropriate verb in a kangeroo kourt:) I think to consent you have to have been made aware of what is occuring:) perhaps "intimidated/coerced"...
There's a reason why everyone recommends if not bringing a lawyer with you to court, then at least speaking to one beforehand. The courts sell a lot of one-way tickets up a certain creek to pro se defendants.
 

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