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Someone with experience in fighting a ticket, specifically a "careless driving" ticket, please post or send me a PM for details. My wife got this yesterday when she was in the accident and has to appear in traffic court on Monday before 10AM.
 

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Someone with experience in fighting a ticket, specifically a "careless driving" ticket, please post or send me a PM for details. My wife got this yesterday when she was in the accident and has to appear in traffic court on Monday before 10AM.
Is she guilty?

If not, kinda late to get legal advice from anyone that's gonna mean anything.
 

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Sorry to say, she's going to have a hard time fighting a careless driving ticket for rear ending someone. Or was this from the Durango incident?? Either way, at this point after wrecking two vehiccles, I'd have to side with the law that she may be "careless" when driving as in she's not really paying attention to the driving conditions and others on the road.
 

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Law Dawg
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Advice? "Good Luck", and take deferred adjudication if they offer it. It may help you to keep it off her record. But I'm sure the insurance knows about it already and your rate will go up.
 

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Dak-Dur 11th Most Wanted
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Discussion Starter #5
Is she guilty?

If not, kinda late to get legal advice from anyone that's gonna mean anything.
As far as being late, this just happened Friday evening and they summoned her for Monday morning. I couldn't have gotten in here much earlier to ask.

Sorry to say, she's going to have a hard time fighting a careless driving ticket for rear ending someone. Or was this from the Durango incident?? Either way, at this point after wrecking two vehiccles, I'd have to side with the law that she may be "careless" when driving as in she's not really paying attention to the driving conditions and others on the road.
Advice? "Good Luck", and take deferred adjudication if they offer it. It may help you to keep it off her record. But I'm sure the insurance knows about it already and your rate will go up.
The guy stopped over a hill for a pedestrian. Where he was is downhill and she couldn't stop. The careless definition says "knowingly" driving carelessly. I'm just looking to get it reduced to a following too close or something of the sort. By the time she saw the guy, it was too late to stop and she wasn't even going the speed limit there, quite a bit under actually. I guess she could have aimed it for the pedestrian instead of the guy's pickup... :huh:
 

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So your saying the guy was over a hill stopped for a pedestrian, and your wife topped the hill going under the speed limit and rear ended the guy stopped on the blind down side of said hill your wife was coming over?
 

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Discussion Starter #7
Something like that, yes.
 
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Anytime you smack another vehicle in the rear you're going to get a ticket unless you can prove they had faulty equipment such as no brake lights. Talk to the DA prior to court and hopefully you can get it reduced to following to closely.

Man, I'd hate to see your next insurance statement. It's going thru the roof!!
 

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I don't know if you guys have the traffic ticket specalist..but in canada we can hire a traffic ticket specailist which most times is ex cops to fight it in court...have you thought about that..having someone else fight the ticket in court??
 
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I don't know if you guys have the traffic ticket specalist..but in canada we can hire a traffic ticket specailist which most times is ex cops to fight it in court...have you thought about that..having someone else fight the ticket in court??
Yeah, we have them, but in the states we call them lawyers. :funny:
 

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Law Dawg
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To be honest, unless you have a regular lawyer you use on a regular basis, hiring one is useless. If you can't give your side of the story and have it reduced or dropped, a lawyer isn't going help much. And if anything it may get reduced or the lawyer may convince the judge not to take points from your license. But it would cost more to hire a lawyer than it would to pay the ticket.
 

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The monday thing may be a "pre-trial" type thing. If she pleads anything but not guilty she will be charged with it. Pleading not guilty will either let her be able to tell her side of the story, or have them re-schedule another trial on a diferent day to allow you time to get evidence to support your case. Take pics of where it happened to try and show that shhe didn't have enough time to stop after she came over the hill and saw the guy.
 

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I would argue road conditions if there was snow on the roads plus the guy was stopped on the other side of the hill. Was there a cross walk where the truck stopped to let this person stop. If not then that person caused a dangerous situation and he should be at fault. Hope this helps some. I know it sucks but your wife has two accidents in what weeks inbetween? Don't look good for her.
 

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Discussion Starter #16
After talking to some people and doing some research, it seems that careless driving is basically the lowest offense possible. Anyway, we'll be seeking a deferred judgment.
 

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I would argue road conditions if there was snow on the roads plus the guy was stopped on the other side of the hill. Was there a cross walk where the truck stopped to let this person stop. If not then that person caused a dangerous situation and he should be at fault. Hope this helps some. I know it sucks but your wife has two accidents in what weeks inbetween? Don't look good for her.
This is a good idea. If there was no cross walk present then the other driver would be at fault.
 

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No they wouldn't. Just because there is no cross walk doesn't mean you don't slow down i someone is in the road.
Yes your right you would SLOW DOWN... not COMPLETELY STOP in the middle of the road.

And any smart motorist would definatly not stop on the blind side of a freakin hill.

If there was no designated cross walk where this incident took place then the other motorist should be held responsible for stoping in a blind spot and creating a hazard for other drivers.

Further more, it makes no sense to me why any person would stop completely just because someone is crossing the road. Shit go around them, same are you would a dog or a deer.

then again idk maybe they stopped because the person was just that damn fat that they took up every inch of the road.
 
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If a pedestrian crosses a street anywhere other than a designated crosswalk, they are guilty of jaywalking and CAN be held responsible for any damages or injuries that occur.
 
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