 Is this lawful?, In regards to police issuing a traffic citation |
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 Dec 13, 2006 - 5:27 PM
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 Enthusiast  Joined Sep 4, '03 From Twin Cities MN Currently Offline Reputation: 2 (100%)  |
This happened to one of my best friends a few months back, and she has court tomorrow... Long story short, she was rear ended by a car that did not notice her slowing to make a left turn, and the girl freaked out on her. The girl who rear ended her said that my friend did not use her turn signal, and the officer who responded to the scene issued my friend a ticket for this. Now I may be wrong, but in traffic offenses like that, dosen't the officer have to witness the violation to issue the citation? Also, this may or may not be important, but my friend said she did use her signal, and I have no reason to believe otherwise (she always does when i'm in the car with her), but there is no mention in the police report of my friend stating that she did use her signal... I'm just looking for the wisest course of action to help her out, because, realistically, the girl who hit her was paying enough attention to know that she didden't use her signal, but not enough attention to slow in time to avoid rear ending her? Dosen't make sense to me.... To spice things up, the girl's insurance company has agreed to pay for the damages...
This post has been edited by saleeka: Dec 13, 2006 - 5:28 PM -------------------- Car #3: 98 Accord LX- purchased 5/06, totaled 8/06
Car #2: 95 Celica GT- purchased 8/03, current daily driver Car #1: 01 Focus ZX3- purchased 5/01, sold 8/03 |
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Dec 13, 2006 - 6:39 PM
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Enthusiast Joined May 3, '04 From pittsburgh Currently Offline Reputation: 0 (0%) |
QUOTE(saleeka @ Dec 13, 2006 - 10:27 PM) [snapback]510188[/snapback] This happened to one of my best friends a few months back, and she has court tomorrow... Long story short, she was rear ended by a car that did not notice her slowing to make a left turn, and the girl freaked out on her. The girl who rear ended her said that my friend did not use her turn signal, and the officer who responded to the scene issued my friend a ticket for this. Now I may be wrong, but in traffic offenses like that, dosen't the officer have to witness the violation to issue the citation? Also, this may or may not be important, but my friend said she did use her signal, and I have no reason to believe otherwise (she always does when i'm in the car with her), but there is no mention in the police report of my friend stating that she did use her signal... I'm just looking for the wisest course of action to help her out, because, realistically, the girl who hit her was paying enough attention to know that she didden't use her signal, but not enough attention to slow in time to avoid rear ending her? Dosen't make sense to me.... To spice things up, the girl's insurance company has agreed to pay for the damages... Thats exactly what I would say...she had enough time to notice that she "suposedly" didn't use her turn signal, yet not to slow down...and since she did rear end her, she wasn't give enough space between her and the car infront of her...and maybe speeding...you could throw all this at the judge in court --------------------  Now SR powered |
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Dec 14, 2006 - 6:39 AM
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 Enthusiast Joined Jan 10, '04 From Shoreline, WA Currently Offline Reputation: 4 (100%) |
turn signal or not makes no diff, she slowed down and the car behind her did not and caused an accident, turn signal makes no diff but break lights may, either way she shoudl not be a fualt for the other drivers poor judgment on driving distance.
oh and the officer does not have to witness the accident to write a ticket for it, they can based on the outcome of the crash i guess, but not for no blinker thats bs the cop had to have really been pissed at her to do it. --------------------  |
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Dec 14, 2006 - 1:30 PM
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 Enthusiast Joined Oct 30, '04 From So Cal Currently Offline Reputation: 13 (100%) |
The main point is, the person rear ended your friend. Signal or not, it's that person's fault. That person's supposed to "watch the road"
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Dec 14, 2006 - 7:13 PM
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Enthusiast Joined Sep 4, '03 From Twin Cities MN Currently Offline Reputation: 2 (100%) |
the accident isnt her concern- she isnt going to court for that. She's going to contest the failure to signal ticket she got...
-------------------- Car #3: 98 Accord LX- purchased 5/06, totaled 8/06
Car #2: 95 Celica GT- purchased 8/03, current daily driver Car #1: 01 Focus ZX3- purchased 5/01, sold 8/03 |
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Dec 14, 2006 - 11:00 PM
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Enthusiast Joined Jan 17, '04 From Illinois Currently Offline Reputation: 0 (0%) |
QUOTE(saleeka @ Dec 13, 2006 - 4:27 PM) [snapback]510188[/snapback] in traffic offenses like that, dosen't the officer have to witness the violation to issue the citation? Sorry I am a little late to this but the answer to this question is: No, but to prove the case, the other driver would have to testify - not the officer. The officer's testimony would be inadmissable hearsay. -------------------- QUOTE(lagos @ Jul 10, 2006 - 1:55 PM) [snapback]454118[/snapback] i know your trying to do the right thing for your motor, but this is one of those times where you should just trust the guys who have had their swaps for a while and have done a ton of research into this. |
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Dec 14, 2006 - 11:57 PM
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Enthusiast Joined Sep 4, '03 From Twin Cities MN Currently Offline Reputation: 2 (100%) |
That's what I figured... So considering the situation, it really comes down to a "he said, she said" situation, and with that in place, should my friend just stand her ground and say that she did use her signal (she did), and that should hopefully eliminate her ticket, or is that unwise? I'm curious becuase honestly, it sounds like such a weak defense to say "I really did use my signal"...
-------------------- Car #3: 98 Accord LX- purchased 5/06, totaled 8/06
Car #2: 95 Celica GT- purchased 8/03, current daily driver Car #1: 01 Focus ZX3- purchased 5/01, sold 8/03 |
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Dec 15, 2006 - 3:27 PM
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 Enthusiast Joined Aug 21, '04 From New York City Currently Offline Reputation: 0 (0%) |
your friend needs a lawyer. sue the girl and the cop for not following procedures and making assumptions when issuing a ticket.
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Dec 16, 2006 - 5:20 PM
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 Enthusiast Joined Mar 18, '04 From Portland OR / Vancouver WA Currently Offline Reputation: 0 (0%) |
Thats dumb! I hope the judge will be like the Dr from House he is hilarious "so let me get this straight Ms. Rampeoplefrombehind, You saw the car slow down but couldnt stop because their blinker wasnt on...You can take that excuse and shove it up your ass you blinker whore...case dismissed. NEXT"
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Dec 17, 2006 - 11:15 AM
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Enthusiast Joined Aug 21, '04 From New York City Currently Offline Reputation: 0 (0%) |
QUOTE(amysmojo @ Dec 16, 2006 - 10:20 PM) [snapback]511049[/snapback] Thats dumb! I hope the judge will be like the Dr from House he is hilarious "so let me get this straight Ms. Rampeoplefrombehind, You saw the car slow down but couldnt stop because their blinker wasnt on...You can take that excuse and shove it up your ass you blinker whore...case dismissed. NEXT" muahahaha. i'll like to see a judge doing that lol. ya watch too much TV amy lol -------------------- |
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Dec 17, 2006 - 7:55 PM
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Enthusiast Joined Mar 18, '04 From Portland OR / Vancouver WA Currently Offline Reputation: 0 (0%) |
QUOTE(shin @ Dec 17, 2006 - 8:15 AM) [snapback]511165[/snapback] QUOTE(amysmojo @ Dec 16, 2006 - 10:20 PM) [snapback]511049[/snapback] Thats dumb! I hope the judge will be like the Dr from House he is hilarious "so let me get this straight Ms. Rampeoplefrombehind, You saw the car slow down but couldnt stop because their blinker wasnt on...You can take that excuse and shove it up your ass you blinker whore...case dismissed. NEXT" muahahaha. i'll like to see a judge doing that lol. ya watch too much TV amy lol na... i only watch the office! but i have seen a couple episodes of House once  he is funny. Hey Saleeka any word with your friend yet?
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Dec 17, 2006 - 10:12 PM
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Enthusiast Joined Sep 4, '03 From Twin Cities MN Currently Offline Reputation: 2 (100%) |
Court was pushed back to a later date
 ... I'll keep info posted
-------------------- Car #3: 98 Accord LX- purchased 5/06, totaled 8/06
Car #2: 95 Celica GT- purchased 8/03, current daily driver Car #1: 01 Focus ZX3- purchased 5/01, sold 8/03 |
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Dec 17, 2006 - 11:13 PM
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Enthusiast Joined Jan 17, '04 From Illinois Currently Offline Reputation: 0 (0%) |
QUOTE(saleeka @ Dec 14, 2006 - 10:57 PM) [snapback]510592[/snapback] That's what I figured... So considering the situation, it really comes down to a "he said, she said" situation, and with that in place, should my friend just stand her ground and say that she did use her signal (she did), and that should hopefully eliminate her ticket, or is that unwise? I'm curious becuase honestly, it sounds like such a weak defense to say "I really did use my signal"... Let the truth set her free. If its true, she should say it with conviction. Its really immaterial to the issue who pays for damages because even if she didn't use her signal, the other driver is more than 50% at fault. You just can't rear end someone (period). -------------------- QUOTE(lagos @ Jul 10, 2006 - 1:55 PM) [snapback]454118[/snapback] i know your trying to do the right thing for your motor, but this is one of those times where you should just trust the guys who have had their swaps for a while and have done a ton of research into this. |
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