JudyKayTee
Apr 22, 2008, 01:14 PM
Recently i got into an car accident in my moms vehicle as an exclusive driver on a T intersection, i was going straight and the guy that hit me was making a left turn. We both said we was going on a green light and i was speeding to follow the flow of traffic but the police ruled me as the one at fault when there was no witnesses and no evidence saying i was at fault. The police officer took my statement and his statement only when i had 4 other passengers in my vehicle. Why didn't he take the statements of my passengers? What i wanted to know was is this a fair case or is it discrimination just because I'm Asian and he happened to be White?
Never a good idea to play the race card.
As I understand it your only question is why he didn't take the statements of your passengers. The answer is that they are presumed to have prejudices and not tell an honest story.
Is this fair? Sure, happens all the time. One driver says this, one driver says that, the Police officer relies on training and experience and picks a side. They aren't always right.
I would say it was written up this way because the Police Officer thought you were at fault - your statement that you were "speeding to follow the flow of traffic" most definitely did NOT help you.
Normally the other driver would be at fault for making a left turn when it wasn't safe and his argument would be that you were speeding and he didn't expect you to be traveling above the speed limit; therefore, he couldn't judge how much time he had to turn. You have admitted you were speeding and verified what is probably his version.
Fr_Chuck
Apr 22, 2008, 02:39 PM
The passengers in a car with a driver are not considered valued witness since they would merely say normally what you wanted them to say.
So no normally other passengers are not questioned.
and the officer will look at various things, such as where the point of impact was and other factors.
Also your comment about following the flow of traffic makes you sound guilty, and if you entered the light while it was yellow, that also means you were guilty, since you are suppose to stop if it is yellow, yellow is to allow you to get out if you are already in.
Since I was not at the scene, it is hard to say but often the officer looks at all the things at the scene, if he can not tell, he just says that, and puts down what each party says and lets civil court fight it over.
You can go to court and present your evidence and try to get out of the ticket the officer gave you, that is all you can do at this point