• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Officer never spoke to me, yet I got cited

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Pserber

Junior Member
What is the name of your state? VT

I was involved in an auto accident in Ascutney, Vermont. I do not feel the accident was my fault. I have photos to support my account. The officer that arrived on the scene spoke to the other driver and got his version of what happened. I was in pain (fractured ribs) and took an ambulance to the hospital. My passenger gave my license to the officer. There was no other conversation with the officer at the scene.

I later received a notice of a civil violation complaint charging “Emerging from driveway”. First, IF I was in the wrong this does not sound like the correct charge. Second, how can the officer not even discuss the incident with me and find fault solely on the statement of the other driver who obviously has a reason to skew the facts? If the other driver gave the same story he did to the insurance agency, he outright lied.

I do not want to simply pay this. Since I live in San Diego, CA, I want to at the very least argue via mail if possible. It may not matter but I believe that based on the conversation I had with the officer which followed her decision to find me in the wrong, she made statements indicating she was biased for the other driver. The other driver was a local resident. I was there to see the fall colors. I figure the locals get tired of the “leaf peepers”. In that conversation she didn’t even tell me she cited me.

What do I do from here? After a few hours of searching I have not yet been able to find info on the internet.

Thank you for your help.
 


patstew

Member
First, IF I was in the wrong this does not sound like the correct charge. Second, how can the officer not even discuss the incident with me and find fault solely on the statement of the other driver who obviously has a reason to skew the facts? If the other driver gave the same story he did to the insurance agency, he outright lied.
So, did you call the officer? What did they say?
 

seniorjudge

Senior Member
GENERALLY the officers will rely on the best evidence available, i.e., circumstantial evidence.

It doesn't matter what people say.

For example, I saw in court where a man and his witness both swore that he was NOT in the other person's lane of traffic when the accident happened. The cop, however, based his report on circumstantial evidence (what was literally on the ground) and when the guy saw that, he agreed he was wrong.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top