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Can I fight either of these tickets

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miamipatchteal

Junior Member
Oklahoma
After drinking I let my friend drive me home in my car, she wrecked into a curb disabling my vehicle. While on the phone with the wrecker she decided to leave the scene due to her having a suspended license. Shortly after, while still on the line with the wrecker, police showed up. Before leaving with my wrecked car, the cops informed me they picked her up and gave her tickets for driving with a suspended license and fleeing the scene. They also ticketed me for "Allow an unlicensed driver to operate m/v" which I don't see getting out of even though I had no knowledge of her suspension of license, lesson learned to not let people drive my car I guess. I was also ticketed for "Fail to report accident". Even though no damage to any person or other property was done, is it necessary to report this to the police. Officer was not clear with me why I was cited with this other than "You should have called us first" Since i was the passenger and she wrecked, does that count me as a witness seeing someone with a suspended license drive a vehicle, wreck it, and then flee?
 


FlyingRon

Senior Member
What were you cited with. If you were cited with 47-10-107:

The driver of a vehicle involved in an accident resulting in injury to
or death of any person shall immediately, by the quickest means of
communication, give notice of such accident to the local police
department, if such accident occurs within a municipality, or to the
office of the county sheriff or the nearest office of the State
Highway Patrol after complying with the requirements of Section
10-104.
(10-104 applies to rendering aid and providing your info to the other driver).

Note the word DRIVER. Further, as you noted, it only applies if there is injury.

The only other requirement of notification is if there is damage (including to your own car) of $300 or more. Again that's made by the driver, and it isn't made to the police (expeditiously or otherwise) but to the DPS on a written form. Hard to see how that applies either.


The other citation:

No person shall authorize or knowingly permit a motor vehicle owned by
him or under his control to be driven upon any highway by any person
who is not authorized hereunder or in violation of any of the
provisions of this chapter.
Again you can try to argue you didn't know she was suspended. "This chapter" means Title 47 Chapter 6 which pretty much covers the need to be licensed to drive.
 

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