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ScottGem · Dec 11, 2008, 06:49 PM

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.

JudyKayTee · Dec 11, 2008, 08:21 PM

Originally Posted by ScottGem

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.

Beat me to it! I've never seen another party testify in traffic court but, hey, I learn something every day.

Glad it worked out the way it did for you.

JudyKayTee · Dec 11, 2008, 08:38 PM

Originally Posted by BenD

Scott,

Not sure of your comment about the other driver. She was trying to get out of a ticket which I believe a Police Officer would have issued. Which means that the cop wasn't there to contest her. And that's why the ticket didn't stick. In fact, I believe this is the tactic a lot of people use to get out of a ticket, hoping the cop won't show.

The OP said:

The other driver didn't show up, so I didn't waste my time and my money at all.

That's what Scott addressed and that's what I questioned.

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?

EVELYN FAYE · Dec 11, 2008, 09:19 PM

Originally Posted by Timea

I got this ticket in february this year for failing to yield from private drive. I was leaving the parking area at school to cross the main street, with 1 lane in each direction. As I approached the intersection I was going to stop to check the traffic in both ways. I saw the vehicle coming from the left so I pushed the brake but couldn't stop. There was ice under the snow and my vehicle slipped and pulled right in front of that other vehicle. I caused an accident and got a ticket. The road conditions were terrible on that day, because there was an ongoing snow storm for several hours and the roads were not cleaned yet.
I am fighting this ticket, I am doing a trial.
How can I prove I am not guilty?

Well you need to have proof of the weather on that day see if you can pull something off the web about the weather that day to prove that it was bad weather. I not sure that it will help but you could give it a shot.

JudyKayTee · Dec 12, 2008, 07:10 AM

Originally Posted by BenD

Judy,

You need to read between the lines. The whole issue here was that Timea was trying to get out of a ticket which only can be issued by an officer not the other party that was involved in the accident. I believe when she stated that because the other driver didn't show, she was off the hook, she mistakenly took that as the reason why her ticket was dropped. This is not the case. As you're probably well aware, when a person receives a ticket, one of the options is to contest it in court. If the officer who issued the ticket doesn't show up, the ticket is voided.

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.

JudyKayTee · Dec 12, 2008, 07:12 AM

Originally Posted by EVELYN FAYE

Well you need to have proof of the weather on that day see if you can pull something off the web about the weather that day to prove that it was bad weather. I not sure that it will help but you could give it a shot.

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.

ScottGem · Dec 12, 2008, 07:37 AM

Originally Posted by BenD

You need to read between the lines. The whole issue here was that Timea was trying to get out of a ticket which only can be issued by an officer not the other party that was involved in the accident. I believe when she stated that because the other driver didn't show, she was off the hook, she mistakenly took that as the reason why her ticket was dropped. This is not the case. As you're probably well aware, when a person receives a ticket, one of the options is to contest it in court. If the officer who issued the ticket doesn't show up, the ticket is voided.

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.

Timea · Dec 12, 2008, 03:34 PM

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.

JudyKayTee · Dec 12, 2008, 03:51 PM

Originally Posted by Timea

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.

Thanks for coming back - this sheds some light on the matter. I still have never seen a witness called into traffic court but I learn something every day.

Timea · Dec 12, 2008, 06:46 PM

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.

ScottGem · Dec 12, 2008, 07:43 PM

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.