I live about 3 minutes from where the accident occurred. I had been driving down a street I regulary drive on and I heard a strange noise and my car started to feel "weird." It felt as if the wheel wasn't working properly. I'm not sure why but my car pulled me to the side a little bit, causing me to get pulled into a ditch. I was going the speed limit (about 45) and while trying to keep control (the ditch was ridiculously muddy) I kept sliding, managed to turn my car fully sideways, before hitting a speed limit sign. I figured because I hit the sign I should call the police before calling a tow truck. The officer was extremely rude to me. I told him what happened and he didn't buy what I told him and asked me if I had been texting. I felt discriminated against. Just because I'm a teen, does not mean that I was texting when this occurred. He kept asking me as if her were trying to catch me in a lie. In fact, I think that's crazy and I don't understand how anyone could possibly text while driving anyway. I told him it was fine to check my phone records. The problem is that since I live 3 minutes away, I was texting in my garage before I left and I'm not sure if they will think that's the time of the accident. The officer also told me that any minor involved in an accident HAS to appear in juvinille court.

My question is: Is the officer allowed to bring up the texting thing in court? Because it's irrelevant. Also, will my fine only be for failure to control a vehicle or could they fine me for something else? (the sign was taken care of by my insurance company). Will I get my license suspended for being a minor and only having my license for 2 months? How much will court costs be about?

I know I have a lot of questions but if you could help me out with even a few, that would be great.

Hard to saw, Juv court once it starts can look into almost anything it wants.

They won't look at cell records, to do so, your parents would have to sign to allow it, or thy would have to get a court order.
** you can't give permission for legal records as a minor

He can bring up the txting in court and you can say that you were txting right before you left the garage.
I don't know all the details on that though
If the difference of time between that and calling the police is sufficient that may or may not help your case.

I know when I got caught in mud I totalled a car. I had my brakes on but the mud was so slippery that nothing would stop it.

You could also ask that the car be checked for any pre existing problem that could have caused you to lose control of the car.

Quote:

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Originally Posted by Fr_Chuck

Hard to saw, Juv court once it starts can look into almost anything it wants.

They won't look at cell records, to do so, your parents would have to sign to allow it, or thy would have to get a court order.
** you can't give permission for legal records as a minor

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Really? Then the officer was just bluffing? Wow he was such a jerk.
But thank you for letting me know that.

Quote:

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Originally Posted by N0help4u

He can bring up the txting in court and you can say that you were txting right before you left the garage.
I don't know all the details on that though
If the difference of time between that and calling the police is sufficient that may or may not help your case.

I know when I got caught in mud I totalled a car. I had my brakes on but the mud was so slippery that nothing would stop it.

You could also ask that the car be checked for any pre existing problem that could have caused you to lose control of the car.

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Yeah that's exactly what happened to me. There was no way I could have stopped the car. I thought it was totaled but fortunately it wasn't. The mechanic said there was some damage to the front axel that may have caused the accident but I feel like the court won't care that it wasn't my fault, I'm expecting the worst.

Quote:

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Originally Posted by Fr_Chuck

...
They won't look at cell records, to do so, your parents would have to sign to allow it, or thy would have to get a court order.
** you can't give permission for legal records as a minor

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They can easily get such a court order. But if they apply for one they will have to notify you. Your post isn't clear: did you show the officer your cell phone to prove when you last sent a text message? If you did, and if he attempts to testify about what it showed, you might want to object. The best evidence would be the phone records (assuming he doesn't have those). It is a fairly technical type of objection, but the court is, technically, supposed to follow the rules of evidence.

Then tell the court that, yes, you were texting before you drove, but not while you were driving.

Quote:

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Originally Posted by ges655

... The mechanic said there was some damage to the front axel that may have caused the accident but I feel like the court won't care that it wasn't my fault, I'm expecting the worst.

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The court should care. If it wasn't your fault, and you can prove it, you have nothing to worry about.

Be sure to subpoena the mechanic so that you can get him to testify for you.

You need a statement from the mechanic saying there was pre existing damage to the front axle. It is evidence on your behalf.

Quote:

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Originally Posted by N0help4u

You need a statement from the mechanic saying there was pre existing damage to the front axle. It is evidence on your behalf.

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Actually, such a statement is inadmissible hearsay, but in this kind of proceeding the judge may allow it anyway. That's why I suggested bringing the mechanic to court by subpoening him. To be sure, at least give the statement to the prosecutor (the officer who cited you perhaps), and ask if he will object to the admission of the written statement. If the prosecutor is going to object, get the mechanic in the courtroom.