ANSWERS: 5
  • You can fight it in court. If there is nobody in court to testify to your actions then the case will be dismissed. The investigating officer can only testify on what he saw. He can not testify on the behalf of another witness. More than likely the eyewitness will not appear in court. If thats the case, you dont have to say anything other than "Thank you" and go on about your merry way. If your accuser appears in court you will have the opportunity to question them and their ability to determine whether or not they are qualified to determine if your driving was negligent. Secondly, if the officer testifies that you were negligent, you will get the opportunity to ask the officer if he witnessed the event first hand. Cases like this get dismissed all of the time because most witnesses aren't willing to suffer lost wages and time off of work for the sake of some silly fender-bender.
  • what is the legal difference between Negligent driving and Reckless driving?
  • If you explain to the judge that the officer did not witness the incident, in all likelihood it will be dismissed. Your witnesses obviously have different perspectives, so it would seem they cancel each other out. The problem is, if the judge asks you to explain the accident and you say something that makes the judge think you were negligent, you could still get stuck with paying the ticket.
  • If the other driver is liable and got a ticket, he should not have given you one. The only way he gives two tickets would be if you hit head one. If he hit you in the rear, you are not responsible. If he hit you on the side, you are not responsible. If you both turned at the same time, you both are negligent and yes you would have to pay the ticket. We don't have enough information from you to make an intelligent response.
  • The officer did not sign the citation. the other party did.

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