I was cited in a car accident that occurred at night. I was coming over a hill in the road, not speeding, and at the bottom was a vehicle sideways in my lane, no hazards on. By the time it was in my headlights there wasn't enough time to stop. I did hit the brakes though. It seems not much different than if a deer had jumped out at me.
There is always a chance with any trial. However, your narrative implies that you are guilty based on YOUR recitation of the facts. If you do plea, I would recommend a no contest plea rather than a guilty plea. If there is a civil suit involved be aware that your testimony is being transcribed and can be received by the other side.
You can (and should) enter a plea of not guilty and request a trial. At the trial date, you'll have an opportunity to speak to the prosecutor regarding the case before trial. Based upon your statement of facts, it appears that you may very well be guilty of ACD. However, if you were insured and have a good driving record, the prosecutor may be willing to give you a reduction. Now, if this case is in the Cleveland Municipal Court, there is always a chance that the officer does not appear at trial (CPD is overworked). I've had many cases dismissed for want of prosecution in Cleveland Municipal Court because the officer did not appear at trial. This is not exactly the defense you should bank on, however, it works from time to tim.
Scott Kuboff, Esq. is providing this information solely for the purpose of educating the reader of the availability of legal representation. In no way should this be construed as an evaluation of or legal advice about your particular case. Scott Kuboff, Esq. does not have any information regarding the facts of your case. If you wish to obtain legal advice, please contact an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline