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  #1  
Old 07-13-2005, 09:45 AM
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Join Date: Jul 2005
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Underage driver - Following too closely


What is the name of your state? GA

My 17 year old had fender-bender in Cobb county and received a ticket for following too close (3 pts). A few months earlier she received a speeding ticket (4pts). In GA, if you accumulate 4 points before 18 your license is automatically suspended. We were able to get the speeding ticket reduced to 3 points for the first ticket, however, now we have to go to court for the second ticket.
I was told by an attorney that if the accident victim doesn't show up in court, then there are no witnesses (the policeman writing the ticket is not a witness because he arrived after the fact) and the case should be thrown out of court. The problem is, without an attorney, I don't know what terminology to use or if this is really true. Has anyone had this kind of problem or something similar? If it is not dismissed then my daughter ends up losing her license and I am trying to avoid that. Thanks
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Old 07-13-2005, 10:20 AM
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Quote:
Originally Posted by C. R. White
What is the name of your state? GA

My 17 year old had fender-bender in Cobb county and received a ticket for following too close (3 pts). A few months earlier she received a speeding ticket (4pts). In GA, if you accumulate 4 points before 18 your license is automatically suspended. We were able to get the speeding ticket reduced to 3 points for the first ticket, however, now we have to go to court for the second ticket.
I was told by an attorney that if the accident victim doesn't show up in court, then there are no witnesses (the policeman writing the ticket is not a witness because he arrived after the fact) and the case should be thrown out of court. The problem is, without an attorney, I don't know what terminology to use or if this is really true. Has anyone had this kind of problem or something similar? If it is not dismissed then my daughter ends up losing her license and I am trying to avoid that. Thanks
If the accident victim doesn't show up, your daughter would still have to explain why she hit someone. The police officer wrote the ticket with the information he/she collected at the scene. It is the police officer who determined that she was following too closely and no one here knows what the officer was told.
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Old 07-13-2005, 11:04 AM
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Thank you for the information
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Old 07-14-2005, 08:06 AM
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Join Date: Feb 2005
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In all of the cases I've handled involving accidents (Dekalb), when the other party doesn't show the ticket has been dismissed. An officer can't testify to what the other party involved told him (hearsay evidence).

It might be worth hiring an attorney to see if alternative sentencing can be an option. There are programs specifically for young offenders, but it takes someone in the know to get results.
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  #5  
Old 07-14-2005, 06:42 PM
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Join Date: Jun 2005
Location: Germany
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It might be worth the lesson taught to her to let them take her license...

A 4 point speeding ticket? How fast was she driving? Then a wreck? If any of my kids do this, they won't have to worry about the state taking their license... That 1st ticket would have been revokation until 18.

I don't claim to be perfect, as I got my 1st ticket at 17... My dad said "If you are man enough to get a ticket, you better be man enough to take care of it!" I went to court and WON! No internet, no lawyer. Just me, the officer and the Judge. I proved my case, and the ticket was dropped completely (didn't even pay costs). Had I lost, I would have not only had to pay the fine, but I would have been driving a Schwinn to work from that point on.

Quit coddling her. She needs to know that driving is serious business... A priviledge, not a right.
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