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Could this be thrown out? What type of attorney should I speak to if any?

College Park, GA |

My husband was in a car accident. The officer on scene told me no one would be getting a ticket due to the fact that they could not tell who ran the red light and neither could any of the witnesses. He ended up coming to the hospital went into the other driver ( the one who hit my husband) room and stayed in there for a few minutes before coming out then over to me to tell me my husband was receiving the ticket only because a witness stated he ran the red light but they never spoke to my husband and got him side of the story. We picked up the police report which has several discrepancies on it like stating that the driver of the other car was a male and the the color of my husbands car was white which it is silver The diagram is also messed up. Someone also said that she was on the phone

Attorney Answers 5

  1. Best answer

    This type of situation happens often in intersection collisions. The ticket can most certainly be dismissed; however, your husband will have to go to traffic court to present his evidence and arguments to convince a judge he was not at fault. You need to find out who this new witness is, what vantage point he/she had of the collision, and whether or not he/she knows the other driver. If your husband was injured in the collision he needs to contact a Geogia injury attorney to discuss the facts of what collision. You may be able to find an attorney to handle the traffic ticket as part of the injury claim. I've gotten tickets dismissed for clients in the past and gone on to get successful recoveries on their injury claims.

  2. If you were "faulted" for the accident (which it sounds like you were) you need to call your insurance company immediately. They will automatically provide an attorney for you and do their own investigation. They may be able to get the officer to supplement his report to correct any errors.

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  3. I am assuming your husband was not hurt and the claim you want to advance is a defense to the ticket you feel has no basis.
    I suggest a lawyer who practices criminal law though I as a personal injury lawyer would be comfortable handling this claim. I would suggest retaining a personal injury or criminal lawyer near you.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  4. Simply report it to your insurance company to resolve

  5. Yes, you certainly can challenge this citation. I see this happen all of the time. Make sure your husband initially appears at his arraignment and pleads not guilty. He will then be given a date to appear for the contested hearing regarding the citation. First off, if the other driver and this alleged witness fail to appear (which happens more often than you can imagine), the judge will dismiss the citation. If they do appear, then your husband can testify about the accident on direct and, also, cross examine them in regards to the accident. The officers testimony will not carry any weight, as he did not see the collision. I would recommend you hire an attorney if he really wants to fight it and attempt to get it dismissed. Good luck.

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