adult son involved in accident and ticketed

[kennzz05]

What is the name of your state (only U.S. law)? north carolina

hello all, ok so from what i know of the details my son was driving someone elses car,the owner of the car was in the vehicle. The owner of the vehicle has a recent history of seizeures and has had hes license suspended for medical reasons.
anyways my son was exiting a gas station and was pulling out onto the roadway to go in the opposite direction from the direction of travel in the lane closest to the gas station entrance. ( I know its confusing) basicially, he was cutting across 2 travel lanes and one lane that was a turn lane going left. (within 200 ft of a traffic light) so people had stopped to let him make his exit from the gas station, he cleared the 2 travel lanes but was unable to see a vehicle approaching at speed to make the left at the light. The vehicles made contact and there was significant damage to the other vehicle. My son was charged with failure to yield. The fine is in 250 to 350 range.
He tells me that he has had it continued twice but that he pled guilty with an explination at the first hearing.

I asked him if he saw either the officer that issued the ticket(policeman did not witness the accident) or the person whom he collided with in court either time. His answer was that he did not. So I told him he has the right to face and question his accuser, and if neither the officer nor the person who was hit are in court, than he should plead not quilty since there will be no one there to contest his quilt or innocence And isnt the burden of proof on the state to prove him quilty?

thanks for your time sorry if i rambled just wanted to try and get as much info as i knew in my question**************ken



SORRY FOR DOUBLE POST DONT KNOW HOW IT HAPPENED

 

[HighwayMan]

You said he already entered a guilty plea. End of story.

Also, regardless of the "speed" of the other driver, this is clearly your son's fault - he did indeed fail to yield to traffic as he was required to.

 

[racer72]

So I told him he has the right to face and question his accuser,

Please post the state or federal law that states this. Good luck.

 

[tranquility]

"So I told him he has the right to face and question his accuser,"

Please post the state or federal law that states this. Good luck.

I know, I know!

The Sixth Amendment (emphasis added):

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Just so that we know the right continues, see also:

Crawford v. Washington, 541 U.S. 36 (2004)

Info edit:
Of course, if there is a guilty plea, he waived that right.

 

[ecmst12]

But that's only an issue if he pleads not guilty. He pled guilty so there was no trial. End of story.

Had he pled not guilty and the officer was not present, they most likely would have continued the case so he could be there. More likely, the officer was available just perhaps not in the courtroom at that moment, in case he was needed.

 

[tranquility]

Since there isn't a lot of continuations after a guilty plea, I'm thinking the OP doesn't know what was plead or not.

 

[Zigner]

Gee, wouldn't it be nice if we were talk to the person actually involved in this matter?

 

[tranquility]

It's almost like it's BETTER if the person with knowledge of all the facts posts here rather than helpful friend/relatives/mommies.

 

[HighwayMan]

Gee, wouldn't it be nice if we were talk to the person actually involved in this matter?

Yes, otherwise it's all hearsay.

 

[FlyingRon]

What usually happens in NC traffic courts is that the officer will NOT be present. You can plead guilty and ask for a mitigation of the fine or make a request for a PFJ and be handled there, but if you want to plead not guilty, the case will be continued so the officer can be there.

But as stated, plead guilty, and the game's over.

 

[kennzz05]

It's almost like it's BETTER if the person with knowledge of all the facts posts here rather than helpful friend/relatives/mommies.

thanks for the replies the son in question frankly is 19 going on 14 but a product of divorce (shocking huh) and thought id try and get as much info for him as possible. he is just going thru life with blinders on and dosent really seem to be all that concerned. so whatever happens, its gonna be on him. just thought id try and get some info so that i was informed as much as possible.And frankly i dont understand if he entered a plea why they continued it. but trying to get answers out of him is like , well like trying to get them out of a teenager
and to all the snarky replies: youre welcome for fodder to help keep youre post count rising. Thanks again for the answers

 

[kennzz05]

You said he already entered a guilty plea. End of story.

Also, regardless of the "speed" of the other driver, this is clearly your son's fault - he did indeed fail to yield to traffic as he was required to.

.never said it wasnt his fault, just trying to get him out of points and a fine if possible.Thats why i said "at " speed, not speeding.

 

[ecmst12]

thanks for the replies the son in question frankly is 19 going on 14 but a product of divorce (shocking huh) and thought id try and get as much info for him as possible. he is just going thru life with blinders on and dosent really seem to be all that concerned.

Sounds like this will be a good lesson for him to learn.

 

[HighwayMan]

.never said it wasnt his fault, just trying to get him out of points and a fine if possible...

It's too late to get him out of anything. It's too late if he pled guilty.