You got lucky. Not sure why the other driver needed to be there, but if that's the way the judge ruled then that's the way it is.
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You got lucky. Not sure why the other driver needed to be there, but if that's the way the judge ruled then that's the way it is.
The OP said:That's what Scott addressed and that's what I questioned.Quote:
The other driver didn't show up, so I didn't waste my time and my money at all.
Where do you read that the Cop didn't show up to contest her and that's the reason the ticket didn't stick? What am I missing here?
Ben, with all respect this is the legal board. I personally go by what the OP says and don't read between the lines when I give advice. Whether she was mistaken or not the fact remains that's what she said and I don't understand it.
I take posts at face value, right or wrong, or else I guarantee my advice and suggestions will be incorrect.
And in my area if the Officer doesn't appear it can be adjourned or dismissed, either or.
It's over - the ticket was dismissed.
And from an investigator's side of things - weather matters if it's not bad weather and the person hits bad weather unexpectedly.
There's an entirely different standard if the weather is bad all over and the person is presumed to have knowledge of the conditions and is presumed to be taking extra precautions.
Ben,
I think you totally missed the issue here. Yes, you are correct that the officer not showing would get the ticket dismissed. That is why both Judy and I questioned what the OP posted. Unlike you, however, we didn't make the assumption that the OP was mistaken or confused. We took what the OP said at face value, and questioned it to allow the OP to clarify. I've see many strange things reported by OPs.
Hi everybody, I am going to answer your questions.
The officer did show up for the trial. In February he gave me the ticket 3 hours after the accident. The weather was so bad on that day (in February when my accident happen), that many accidents happened (the officer told us) at that time and we waited for the officer for 3 hours.
This means that he wasn't the witness.
The other driver was the only witness, that is clear to everybody I think. That's why she was required for the trial. But she didn't show up.
As I remember it was the worst day that winter for the weather and snowing, when my accident happen.
Yes I was at fault, my insurance paid for all damages. I didn't feel guilty because I was already driving slowly well aware of the weather conditions. I couldn't see there was ice under the snow. No matter how strange it may seem to other people.
About the trial, I have no idea what the rules are, who is required for what. I was there, listened to the judge and went home with no ticket.
Ben.
First let me say I sympathize with your viewpoint. Every traffic court I've ever seen has been the traffic officer against the motorist. If there were any witnesses they were on the motorist's side.
However, in this case, since the other driver was the injured party and they didn't show the judge may have decided, within their discretion, to dismiss the ticket. Traffic court judges generally have a wide discretion in such matters. So if the OP says it happened, I'm not going to argue with her. And you shouldn't either.
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