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Cited for following too closely in minor accident while avoiding major accident, can I get this dropped before going to court?

Calhoun, GA |

My wife was cited for following too closely after an accident on the interstate in Cobb county Georgia. The cause of the accident was the vehicle behind her. In stopped traffic, she attempted to avoid being rear ended by a vehicle coming upon her very fast. She changed lanes and accelerated, but the 9 am sun obstructed her view of the truck she hit. The vehicle that she thought would hit her took the shoulder to avoid the accident and left the scene. The responding officer told my wife that she should have let the vehicle hit her and our young children to avoid being cited. The fine is not much, the insurance increases will be. Is it worth hiring an attorney? My wife has no income so I am responsible for the fine, can I represent myself? How do I get a trial by jury?

Attorney Answers 5


  1. There are different questions you have asked. One is "Can I represent myself." Your wife could represent herself, but unless you are an attorney, you cannot represent her. It is not a good idea for your wife to represent herself. You are more than likely not going to get a trial by jury with a traffic ticket of following too closely, but you could try. What the responding officer said is technically correct but it is totally understandable why you wouldnt want a vehicle to slam into yours with young children in the back. If she has witnesses, she should get them as soon as possible -- their names, numbers, and addresses. I think you will be able to find an attorney to represent her for this matter at a reasonable price. If she has a clean driving history, it also helps.


  2. I agree with the answer above. You should speak to a criminal defense attorney who handles traffic citations.


  3. Unless you are a lawyer, you cannot represent her. That's a serious crime. So you won't get to speak. And that's a good thing. This is a case where a lawyer will know how to present the case. Depending on the details, which court and her record, she may be able to work out a plea deal to a non-reporting offense, or come up with other alternatives.

    A trial by jury is probably a bad idea. Without a lawyer that will be a disaster, and although with one, things may go okay, the cost would be huge. See a lawyer, weigh the options and there likely are cost effective answers.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. Best bet is to spend a couple hundred bucks for a traffic court lawyer that handles cases in that court, so you have a chance at a favorable resolution.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. You can not represent her unless you are an attorney. If she want a jury trial she will need an attorney.

    Darrell B. Reynolds, Sr.
    Attorney and Counselor at Law
    drey1954@cs.com
    404-636-6616

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