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Georgia; failure to use caution

Discussion in 'Auto Accidents, Injuries' started by soadguy, Jul 11, 2012.

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  1. soadguy

    soadguy Law Topic Starter New Member

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    So last night, I was driving on Ga-120 when I saw a flashing yellow light. I saw the other sides of the intersection had a flashing red. So I preceded to slow down to about 20-25mph. When I was about 3/4 out of the intersection, a woman hit my back left bumper. I gashed my head open and was bleeding a good bit. The woman was fine in the other car.
    It just so happened that a relative of hers was driving about half a mile behind me and became a 'witness'.
    The officer arrived and talked to me for 3 mins (max) and talked to the woman and her friend for about 15-20.
    When I was brought into the ambulance, getting my wounds attended, the officer came in. He let her go and gave me a ticket for failure to use caution. Everyone in the medical squad said it was b.s. and that I should contest it.
    Advice?
     
  2. army judge

    army judge Super Moderator

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    Retain an attorney immediately.
    If you don't, you're about to be anally, well you know!!!



    Sent from my iPad3 using Tapatalk HD
     
  3. guestposter

    guestposter New Member

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    I'm very new to this. I'm twenty and this is gonna be my first court date. Do you think if I got my friend's mom (a cracker jack lawyer), I could dismiss the charges?
     
  4. soadguy

    soadguy Law Topic Starter New Member

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    I'm very new to this. I'm twenty and this is gonna be my first court date. Do you think if I got my friend's mom (a cracker jack lawyer), I could dismiss the charges?
     
  5. mightymoose

    mightymoose Moderator

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    If it is as you described then you certainly need to fight this. The other driver had a red light and can't justify crashing in to you. The other driver obviously entered the intersection when it was not clear to do so. It seems you had the right of way.
    What is the violation code listed on your citation?
     
  6. soadguy

    soadguy Law Topic Starter New Member

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    40-6-23. I just got the police report and everything was wrong. I guess that's what you get when an officer only questions the other party.
     
  7. mightymoose

    mightymoose Moderator

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    Well the way that statute is written it seems to support you more than the other driver. The same section requires the driver with a flashing red to stop the same as a stop sign an proçeed when clear.
    Apparantly it wasn't clear.
    Also in tyour favor is that the other driver hit you rather than you crashing into them.
    The officer will have to explain all of this if you challenge the citation, which you should do because it sounds like he will have some difficulty.
     
  8. SoniaR

    SoniaR Banned

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    go and get an attorney
     
  9. soadguy

    soadguy Law Topic Starter New Member

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    Hello all. The arraignment's tomorrow. Should I plead not guilty or nolo? Since she has her friend as a witness, I'm kinda' frightened to take it to a higher court.
     
  10. mightymoose

    mightymoose Moderator

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    If it was me, and if it was truly as you described, I would say not guilty and confidently let it go to trial.
    Nobody can testify to your speed other than you. Don't let them.
    The other driver has to explain how she came to a complete atop, looked both ways, and proceeded when clear. Obviously it was not clear because she hit you!
    The officer will have to explain the justification for issuing you the citation. Police officers embarrass themselves in court all the time...
    Unless you came racing through that intersection or entered it after the other car was already crossing you should not have responsibility. Since she hit you on the back end it seems obvious who was there first and had right of way.

    If you plead no contest you will be found guilty and ordered to pay.
     
  11. soadguy

    soadguy Law Topic Starter New Member

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    Hey all,
    When I went to court, the judge ended our hearing by saying that he'd leave this up to the insurance companies. What does that mean?
     
  12. army judge

    army judge Super Moderator

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    It seems to mean he's/she's not taking a position on your case.

    It means to me that the insurance companies will have to sort out who's responsible and who'll be paying whom.

    Sent from my iPad3 using Tapatalk HDe.
     
  13. soadguy

    soadguy Law Topic Starter New Member

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    What do you think happened with the ticket? Does that imply not guilty?
     
  14. mightymoose

    mightymoose Moderator

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    The ticket is now dead. You will not have a fine and there will not be an at-fault accident on your record. Essentially, your case was dismissed. That was the best outcome.

    Also, from the description you give, it seems likely that the insurance decision will likely go your way too since the other driver crashed into you and you had the right of way.
     
    soadguy likes this.

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