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stop sign ticket, accident w/o injury

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notguilty101

Junior Member
CT
Here's the scene:
I got in an accident a few days ago. It was a grey, drizzly day - the roads were slick - and I was at a stop sign. I was making a left turn and saw a guy in the distance. I judged that I had enough time to safely get through the intersection onto the proper lane on the next street. I truly believe I stopped (0 mph), and I proceed to cross. The guy appears to be going faster, swerves over the double line into my lane, and crashes his car.
EVIDENCE
His airbag goes off, mine doesn't; his car is wrecked, I only have a dent on the front of my car; the speed limit is 25, the obstacle has gone at least 4 feet or more through the front of his car. I gather that the airbag goes off at around 15 mph or so in a frontal collision.
Thankfully - and most importantly - neither I nor the other guy gets injured in the least.
I get a ticket (I think it's a violation because of the $100+ value) for "not obeying the stop sign". There is a witness, but the witness was driving behind the other guy and it is not likely he could've seen whether I stopped or not. The cop interviews the witness and the other guy, but not me. He states on the accident memorandum that the weather is "clear". Because I was technically at fault, I stand to have my rates shoot through the roof, and that will be judged by my plea on the ticket.
I haven't decided if I will pay the ticket or not. I need some advice whether or not I have a leg to stand on in traffic court to fight the ticket.
For instance, my speedometer said 0, but if the roads were slick I could've slid - could that help my situation out at all?
The other guy (I'm 17, he's either 17 or 18) apparently tried to get around me, not break straight or follow the road I was coming from. The angle of the intersection (between the road I stopped on and the road I was getting on, is about 160 degrees)
He crossed the double line and hit the obstruction before I hit him. I am convinced he was speeding and there are various skidmarks on the road. Not sure if he got a ticket or not.
I would greatly appreciate any advice on what to do or how to go about this. Thanks a bunch in advance!
 


CdwJava

Senior Member
The issue is not whether you came to a complete stop or not, but whether you proceeded to cross the roadway FROM the stop when it was safe to do so. Apparently - as evidenced by the crash - it was not safe to make your way across the roadway. Hence, the citation.

I doubt you have a leg to stand on ... unless waiting for safe conditions to enter or cross traffic is not an element of stop sign regulations in your state.

- Carl
 

marbol

Member
I'm new here, but I've read a lot of posts, and in situations such as this one, it seems the cops here will tell you to suck it up and pay it. And the attorneys seem to tell you like it is - it's either "not worth it" or something like that.

So if someone gives you real legal advice, take it, but otherwise, I'll give you advice as a normal person that's been to plenty of traffic courts.

If this is your first or second ticket, I believe you should go talk to the judge before trial (maybe by talking to the clerk of the court, or by going to the courtroom and talking to a prosecutor, or even the judge) and ask if it would be okay to take defensive driving.

If you are not eligible for defensive driving in your state or because of your age, ask for a defered adjudication (if you have that in your state).

Tell the judge that you are sorry for not being careful, that you stopped, but proceeded when it wasn't safe. But that you'd like to take any measure that will allow you to keep this off of your driving record (which might be hard since you are under 18). See if the judge will work with you.

You will have to pay some couort costs, and some fees for various things. You might have to get a certified copy of your driving record and take it to the court - if you do - order it AS SOON AS YOU CAN. If you are late even one day in doing the things the court asks you to do, you mihght have to pay the maximum fine.

Oh, and dress up when you talk to the judge. I see so many people go in there wearing ripped T-shirts and holes in their pants - and even T-Shirts that say things like "Screw Bush" and political things - DON'T WEAR THAT STUFF. Show a little respect to the judge - who is probably an under-paid justice of the peace, or something like that who really should be making more money than the time they put in.

I'll bet that if you do that, you can keep this off of your driving record.
 

racer72

Senior Member
marbol said:
Tell the judge that you are sorry for not being careful, that you stopped, but proceeded when it wasn't safe. But that you'd like to take any measure that will allow you to keep this off of your driving record (which might be hard since you are under 18). See if the judge will work with you.
Are you a parent? If you are you learn to ignore your childrens various whining and crying about certain things because you hear it all the time. You tell your child to quit and accept the consequences. Judges are the same way. They hear the same excuses for the same infractions on a daily basis. Just like a parent, they soon quit listening to and they make their decisions based on the facts placed in front of them. I have seen everything from the trembling lip, alligator tears, the tissue dab, all the way up to fall down bawling like a baby. It never works.

To the OP, unless you want to hire an attorney to help, your best option is to make a deal with the DA prior to your hearing. Don't be surprised if they make an offer first. Your odds of getting a reduce fines and/or penalties are much better when dealing with the DA than the judge. And judges are much more agreeable to reduced fines/penalties when they are presented by the prosecution.
 

CdwJava

Senior Member
marbol said:
I'm new here, but I've read a lot of posts, and in situations such as this one, it seems the cops here will tell you to suck it up and pay it. And the attorneys seem to tell you like it is - it's either "not worth it" or something like that.
For the record, that is not quite what we usually say. And, there are (I believe) only three (maybe four) of us regular responders that are currently working cops and one or two former cops. Most of us do not respond to each posting. Most the regular responders here are NOT police officers.

Also, for me, when I am asked a question such as the OP's, "I need some advice whether or not I have a leg to stand on in traffic court to fight the ticket" I give my straight answer - which, in this case, would appear to be, "No."

If asked, "should I go to court anyway", my answer would be, "It's your right, your time and your money. Go right ahead."

Since I've never had to quibble in front of a judge due to my wrongdoing, I don't have many real good ideas about what might work or not. If this were CA I could offer some possible suggestions, but since this is about a collision in CT, I cannot even guess how the system operates there.

- Carl
 

marbol

Member
racer72 said:
Are you a parent?
I am a parent and have been for 19 years. I do not ever ignore my children. I usually tell my kids to try to solve their own problems and then come to me if they need my help. Once they get past age 7 then that usually works quite well.

They hear the same excuses for the same infractions on a daily basis. Just like a parent, they soon quit listening to and they make their decisions based on the facts placed in front of them.
I didn't tell the OP to make excused or try to cry or whine. I told them to tell the judge they are sorry and would he work with them in trying to keep it off their record either by taking defensive driving or by defered adjudication. Evidently you are not from Texas, because here, that almost always works. Especially if they are honest to the judge. I've seen people go in and claim they were not guilty and give reasons because the cop was biased or against them - and they cop an attitude.

So I don't understand your response to me.

To the OP, unless you want to hire an attorney to help, your best option is to make a deal with the DA prior to your hearing. Don't be surprised if they make an offer first. Your odds of getting a reduce fines and/or penalties are much better when dealing with the DA than the judge. And judges are much more agreeable to reduced fines/penalties when they are presented by the prosecution.
Well, I would certainly agree with you. But here, I've never seen the prosecutors come up and agree to make a deal. Usually the judges are more than willing to agree to defensive driving and/or deferment, especially on the first and second offenses in a few years. In fact, I believe that in Texas, a judge is REQUIRED to allow defensive driving if the defended asks for it and the defendent is eligible.

So I stand by my advice.
 

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