[mom0901]

My 17 y/o son was recently involved in a minor fender-bender. The office who arrived later to the scene was not able to see position of vehicles or location of them at time of impact. My son states he had the right of way with a green arrow for left turn. The older man driving other vehicle states he was driving through intersection when my son turned and hit his car. The passenger with my son states he saw green arrow as well. He entered plea of not guilty at arraignment and was given a court date to trial his case. In the mean time we have received a letter from the prosecutors office to plead down his case from Failure to Yield to Operation of Unsafe Vehicle. My understanding is from reading all the online Ohio traffic laws the only major difference to these two is whether he receives 2 points or 0 points on his driving record. If he accepts the new plea, will he still be held accountable for court costs, fines, and repairs to the other vehicle? My impression is the court is offering this to eliminate the process of hearing the trial in exchange for no points. Any advice, suggestions, etc.

[Fr_Chuck]

First it is traffic laws, this has little to do with his age.

Next while yes often who ever is found guilty in traffic court will have to pay for the damage, in legal terms, the civil case is not connected to the traffic tickets, the insurance company and/or another law suit in civil court over damages can happen. The ticket will just be part of the evidence as to who should pay.

But if he is not guilty, he should go to trial and plead not guilty. At the trial, if the other part who was hit does not show up ( I have almost never seen them show up) and if the officer does not show up, he should win since there is no case against him.

I would hire an attorney personally, even if the officer shows up, you ask his statements be thrown out, as to what the other person said, since the other driver needs to be the one to testify against you, so you can cross examine them.

He would still have a ticket on his reocrd, his car insurance rates will jump though the roof so it is worth fighting in my opinion

[JudyKayTee]

Your son hit the other driver or the other driver hit your son?

Where is the damage to both vehicles?

(I'm a liability investigator.)

[AK lawyer]

If he does decide to agree to the later offense, he should consider entering nolo contendere ("no contest") plea, if Ohio allows it. In some states, such a plea cannot be used as evidence of his negligence in a civil case.