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I got cut off by another driver and then they went to the Police and filed a complaint against me.

Sun City, CA |

I was driving on a City Street in Riverside California and a lady cut in front of me. I went around her and stopped at a store a few blocks up. She drove up next to me and began to yell at me, but I didn't say anything because there were kids around. This made her more angry. I left and she followed me for 5 to 7 blocks. The next day I get a call from the Police Dept saying that she filed a complaint against me and when I told them she cut me off, they said, whoever files the complaint first is the one with the case. Question: Is there anything I can do to defend myself when she is claiming that I cut her off when in fact she was the one that cut me off?

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Attorney answers 4


Generally when a police takes the complaint, they will investigate and if after the review they determine that a crime has occurred, they send it to the DA for their review. If DA finds sufficient evidence, then they initiate the charges. At this stage perhaps they are investigating, however is he said she said story and if you have a witness or other evidences that will substantiate your side would be helpful. Alternatively you can involve an a attorney for later to assist you.


Miss Aravantchi is correct and the officer at the police department appears to be a buffoon. There is no case until the DA decides to prosecute. If you have witnesses than so much the better if the matter proceeds. If you don't and they don't it's a he said she said case. Nobody was hit or injured so I doubt the DA will proceed. Good Luck


It sounds like you have the Keystone Cops there. The DA determines whether to file charges and whether to dismiss charges. We see some of the same things around here. Hopefully, you have a good prosecutor's office that can realize that this case is a bunch of bunk and simply dismiss it. However, if charges are filed, you definitely need to get and attorney.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


I never heard of such a "rule".