- Jurisdiction
- Massachusetts
I was involved in what I considered to a be a more tame road rage incident but the other party has lied and has brought up a civil case (not sure if this is the correct term, but a police report was filed and I have a court date set) against me.
The other party had a child sitting in the front passenger seat. I pulled up to the car on the right side of their vehicle, and we rolled down our windows and had a "discussion". Under this arrangement the child passenger would be positioned between the two arguing adults (our cars are facing the same direction in a two lane road). The other party claims that I spit in their direction and it hit his child, which is a complete lie. I did not spit at all, never mind having it hit any person or property.
The police officer told me that in court, the child can claim I spit and that it hit them. There are no 3rd party/impartial witnesses. Officer also told me that the court could look at this claim and decide not to hear it. I'm a little concerned now that the court has decided to move forward and set a hearing date.
Question #1 - Can the court actually find me guilty if there is no impartial witness / evidence? Pardon the pun, but it seems criminal to rule against someone purely based on he said vs she said.
Question #2 - Aside from telling the truth about the incident, what would be advisable for my defense?
Question #3 - What is the worst case scenario for me? And if the ruling is not in my favor does it go on any permanent record?
Question #4 - If the ruling is not in my favor, would I be able to dispute it at a later date to clear it off the records?
The other party had a child sitting in the front passenger seat. I pulled up to the car on the right side of their vehicle, and we rolled down our windows and had a "discussion". Under this arrangement the child passenger would be positioned between the two arguing adults (our cars are facing the same direction in a two lane road). The other party claims that I spit in their direction and it hit his child, which is a complete lie. I did not spit at all, never mind having it hit any person or property.
The police officer told me that in court, the child can claim I spit and that it hit them. There are no 3rd party/impartial witnesses. Officer also told me that the court could look at this claim and decide not to hear it. I'm a little concerned now that the court has decided to move forward and set a hearing date.
Question #1 - Can the court actually find me guilty if there is no impartial witness / evidence? Pardon the pun, but it seems criminal to rule against someone purely based on he said vs she said.
Question #2 - Aside from telling the truth about the incident, what would be advisable for my defense?
Question #3 - What is the worst case scenario for me? And if the ruling is not in my favor does it go on any permanent record?
Question #4 - If the ruling is not in my favor, would I be able to dispute it at a later date to clear it off the records?
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