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FAILURE TO NOTIFY POLICE OF AN ACCIDENT

Colorado Springs, CO |

I had an accident where someone cut me off. I was forced off the road causing me to side swipe an over pass column and landing me in a ditch. Neither my wife nor i were injured but the car appeared to be a total loss. This all happened while driving home with my wife from having dinner. We had left dinner because we got a call from our babysitter informing us that our son had fallen down the stairs. We managed to flag down a car and they agreed to give us a ride. Upon picking him up we drove back to where we had the accident. We then informed police. Upon arrival the police asked us we we didn't report it earlier. We explained our story but he still gave us a ticket for failure to notify police of an accident. What would be the mostly likely outcome if i plead guilty to this charge?

Am i facing any jail time? What kind of fine am i looking at? Would it benefit me if i obtained a attorney? is this even worth disputing?

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Attorney answers 4

Posted

Hard to say what will be outcome. You should hire a traffic ticket attorney to handle the matter for you.

Posted

I would contact your insurance company right away about the accident (assuming you had insurance at the time of the accident). They may be able to provide you with an attorney who can help you defend against the property damage incurred (side swipe of the overpass column, which may or may not require fixing). If the insurance company is unwilling to help out by providing defense for the ticket, find a good traffic ticket attorney to do so. Seems unfair that the police gave you a ticket, but he was only doing what he considered necessary. Do not plead until after talking to an attorney.

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

You should immediately consult with a traffic ticket defense attorney in your local area. That you had an emergency situation at home would be at least a mitigating circumstance; that said, in most states if you are otherwise eligible you might be able to have adjudication withheld although since it wasn't a moving violation traffic school is probably out of the question. Again, consult with a local attorney about the chances of your fighting it.

Posted

A conviction will carry 12 points and you will lose your driving privilege in Colorado. Do not make any plea or make any staments to the prosecutor without talking to competent legal counsel first. You should report this to your insurance carrier immediately if you have not already done so.

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