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Contesting a ticket / getting charge dropped

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brodie1600

New member
I'm in Illinois, and I recently had an accidental rear-end collision with a parked vehicle. The driver of the car I hit was super cool - we both exchanged insurance information, the local PD filed a report, I received a citation, and we were on our way. Before I left, the officer informed me that I could pay my ticket online, but I also had the option to go to court. The officer said that typically with minor traffic accidents like this, the defendant can appear in court with the other party deciding not to show up. If the other party does not show, I won't have to pay the fine. After he said this, the driver of the car I hit told me he won't be going. At the bottom of the ticket, the box indicating "no court appearance" is checked. If I show up to court and plead not guilty to the charge, provided the other party isn't present, will the charge be dropped? What if the officer is there? I'm not as concerned about the fine than I am about the charge. It was a silly mistake, and I'd prefer it weren't on my driving record. This is my first auto accident where I'm at fault, so I'm not sure how these things are usually handled.

Thanks for any help!
 


FlyingRon

Senior Member
You didn't indicate what you were cited for. It's quite possible that without the witness, the state has no case against you. On the other hand, rear-ending a parked car is pretty damning evidence for many charges.
 

justalayman

Senior Member
I'm in Illinois, and I recently had an accidental rear-end collision with a parked vehicle. The driver of the car I hit was super cool - we both exchanged insurance information, the local PD filed a report, I received a citation, and we were on our way. Before I left, the officer informed me that I could pay my ticket online, but I also had the option to go to court. The officer said that typically with minor traffic accidents like this, the defendant can appear in court with the other party deciding not to show up. If the other party does not show, I won't have to pay the fine. After he said this, the driver of the car I hit told me he won't be going. At the bottom of the ticket, the box indicating "no court appearance" is checked. If I show up to court and plead not guilty to the charge, provided the other party isn't present, will the charge be dropped? What if the officer is there? I'm not as concerned about the fine than I am about the charge. It was a silly mistake, and I'd prefer it weren't on my driving record. This is my first auto accident where I'm at fault, so I'm not sure how these things are usually handled.

Thanks for any help!
The other party would only be there is the state issued a summons for his attendance. He really isn’t needed anyway.

I don’t see any way out of this. You hit a parked car. Unless you have some some proof it wasn’t your fault, the evidence of the situstion is all that is needed to convict you.
 

not2cleverRed

Obvious Observer
I'm in Illinois, and I recently had an accidental rear-end collision with a parked vehicle. The driver of the car I hit was super cool - we both exchanged insurance information, the local PD filed a report, I received a citation, and we were on our way. Before I left, the officer informed me that I could pay my ticket online, but I also had the option to go to court. The officer said that typically with minor traffic accidents like this, the defendant can appear in court with the other party deciding not to show up. If the other party does not show, I won't have to pay the fine. After he said this, the driver of the car I hit told me he won't be going. At the bottom of the ticket, the box indicating "no court appearance" is checked. If I show up to court and plead not guilty to the charge, provided the other party isn't present, will the charge be dropped? What if the officer is there? I'm not as concerned about the fine than I am about the charge. It was a silly mistake, and I'd prefer it weren't on my driving record. This is my first auto accident where I'm at fault, so I'm not sure how these things are usually handled.

Thanks for any help!
Minor quibbles:
1) The car was parked; "the driver of the car I hit" is inaccurate, as when a car is parked no one is driving it.
2) Was the "super cool" person the owner of the car? Because it is the owner of the car that would matter here.

And while that's just semantics, semantics matter in legal issues.

The person you encountered, who was "super cool" about you hitting the parked car might indeed have been the owner. Regardless of whether or not that is the case, the owner is NOT legally bound by his comments at the scene to be a no show at court. Once he got home, talked to his spouses or friends, had the mechanic check out the car, etc., his view might change.

I get that you're hopeful, and that you're upset by your stupid mistake, but I just had to point that out.
 

Zigner

Senior Member, Non-Attorney
You were cited because you hit a PARKED CAR. The owner/driver/whatever of the car won't even be invited to court. They don't need him there. If you fight it, the officer will almost definitely attend and you will lose (in my opinion).
 

FlyingRon

Senior Member
Depends what he was charged with and whether the other driver was present when the accident occurred. Still, the evidence of the collision the officer observed as well as incriminating statements made by the poster, probably is enough for most things.
 

Zigner

Senior Member, Non-Attorney
Depends what he was charged with and whether the other driver was present when the accident occurred. Still, the evidence of the collision the officer observed as well as incriminating statements made by the poster, probably is enough for most things.
I don't know what the other driver would have to say that isn't provable by other means. As I said - the other driver isn't even going to be invited or needed at the hearing for the ticket.
 

FlyingRon

Senior Member
You can keep asserting it, but in fact, it does happen. It's sort of a double whammy for the witness. First some clod runs into them, then they have to waste a morning in court. At least around here they bump up the cases with witnesses standing around to the front of the docket.
 

Zigner

Senior Member, Non-Attorney
What evidence can the driver offer that isn't already available? The OP already admits that he ran in to the car. The OP already acknowledges that he is at fault. The OP gave statements to the officer at the scene that led to the issuance of the citation.
 

justalayman

Senior Member
Unless the other party witnessed the accident he is no more useful than a cop is at a trial. He would be a witness to what he observed upon coming onto the scene or was told but nothing more. He is not needed to convict the op.

The ops statements to the cop and the cops observations of the scene are adequate to convict the op.
 

HighwayMan

Super Secret Senior Member
It was a silly mistake, and I'd prefer it weren't on my driving record.
No, it was far from a "silly" mistake. I'd say it was a pretty serious mistake to be so distracted that you struck a non-moving object. What if it was a pedestrian?

Most people are concerned about their driving records because of insurance issues. However, in this case whether you get convicted or not, your insurance will be involved and certainly know what you did. The ticket is the least of your worries.
 

brodie1600

New member
Thank you to everyone who responded. I'll clarify a few things:

You didn't indicate what you were cited for. It's quite possible that without the witness, the state has no case against you. On the other hand, rear-ending a parked car is pretty damning evidence for many charges.
My offense stated on the citation was a local ordinance violation: "Driving too fast for conditions, or failure to reduce speed to avoid an accident"

2) Was the "super cool" person the owner of the car? Because it is the owner of the car that would matter here.
I'm unsure. I'm safely assuming he is the owner. He brought up past accidents his car had been involved in and the courses he took to remedy them. According to his insurance information, both he and his mother are insured on the vehicle.

Unless the other party witnessed the accident he is no more useful than a cop is at a trial. He would be a witness to what he observed upon coming onto the scene or was told but nothing more. He is not needed to convict the op.

The ops statements to the cop and the cops observations of the scene are adequate to convict the op.
I'm aware that the officer has sufficient information to be able to testify against me if I were to attend a court hearing (which, again, I'm not required to go to according to the citation). What made me question my ability to get the charge dropped was the officer's mere mention of me attending court if I so chose and, provided the other party isn't also at the hearing, getting the fine and charge dropped at that time. This is ultimately what I'm trying to figure out. The officer said this in front of me and the other party involved. Immediately after, the other party told me he would not be appearing in court. This made me believe by attending court, I can expunge the charge and fine. What if the officer who issued my citation is there, however? What should I expect if I choose to go to court with the intentions of getting the charge expunged?

No, it was far from a "silly" mistake. I'd say it was a pretty serious mistake to be so distracted that you struck a non-moving object. What if it was a pedestrian?

Most people are concerned about their driving records because of insurance issues. However, in this case whether you get convicted or not, your insurance will be involved and certainly know what you did. The ticket is the least of your worries.
I only said it was a "silly" mistake because before I struck the car, I was parked in a parking space directly behind it. My foot slipped from the brake to the gas, and the damage to both cars is minimal. I understand this is still a mistake that could've injured someone, but in the grand scheme of things, it's about as harmless as an auto accident could be. As soon as I reported the accident to the local PD, I submitted a claim with my insurance company on my phone. I'm not concerned with the charge affecting my insurance, I've already accepted it will. I'm concerned with the incident appearing on my record for employment reasons. Ironically, I'm pursuing a career in law enforcement, and I'd prefer it not to be a point of discussion or mention in every single application or interview going forward. It would be an inconvenience, but I acknowledge it's a consequence of the mistake I made, and I have no problem disclosing or discussing the event if it comes up in a future application or interview. I've already owned up to my mistake, but if I can help it, I'd rather have the charge off my record. The only reason I'm giving this consideration is because of what the officer told me at the scene.

Any further clarification is greatly appreciated. Thanks again!
 

justalayman

Senior Member
I'm aware that the officer has sufficient information to be able to testify against me if I were to attend a court hearing (which, again, I'm not required to go to according to the citation). What made me question my ability to get the charge dropped was the officer's mere mention of me attending court if I so chose and, provided the other party isn't also at the hearing, getting the fine and charge dropped at that time. This is ultimately what I'm trying to figure out. The officer said this in front of me and the other party involved. Immediately after, the other party told me he would not be appearing in court. This made me believe by attending court, I can expunge the charge and fine. What if the officer who issued my citation is there, however? What should I expect if I choose to go to court with the intentions of getting the charge expunged?
cops have been known to lie, especially if they feel it will avoid a confrontation on the street.

You are not required to go to court if you plead guilty. If you wish to contest the ticket, if a tbwd is available, you can do that but I suspect you will lose. Then if you wish to go further you will have to attend a trial. If the tbwd is not available, it’s straight to the trial if you wish to contest the ticket.


If you choose to go to court, expect the cop to be there and testify to what you told him at the scene. He will also testify to the scene of the crime as he witnessed it and may be asked to make a conclusion on the cause of how the cars ended up as he found them. I don’t know if he has the expertise to testify to such a conclusion.


If you are seriously concerned about beating this or having it expunged eventually I would suggest hiring a lawyer. They are who is going to be your best source of help. They will know the best way to minimize any damage to your future endeavors.
 

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