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.
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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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.
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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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