I slid into a car while raining that suddenly stop while he was on a cell phone . I got a ticket for following to close
Atlanta, GA |
I was in someone else car the police told me to go to court should should I try to fight the ticketI barely scratched the bumper because I was rolling forwarded if the payment was not wet I would not h e slid that far
It really depends upon several factors, not the least of which is your driving record. Contact a local and qualified traffic attorney. As an aside, report this to your insurer.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
It sounds like you were following too close. You may want to go to drivings chool, where you will likely learn how to drive more safely in the rain, and that will also cut your insurance premium and may help in your traffic case. Additionally, as we do not know all the facts, you should see a lawyer (and be sure to report the accident to your insurer).
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
What's your defense? If you are going to fight a ticket, you have to have a valid defense. Otherwise, you are just irritating the judge who will sentence you. So far, your excuse is that you were driving too fast for the rainy conditions to be able to appropriately stop your car. That is not a legal defense; it is actually a separate traffic offense called "Too Fast for Conditions." As a driver, you are responsible for keeping your car at a speed that will allow you to maintain control of it. In this instance, you were going to fast for the conditions to be able to stop your car before hitting the rear end of another vehicle. It is of no consequence that the vehicle in front of you stopped suddenly. You are supposed to keep a safe distance behind that vehicle so that you don't run into it when that happens. Sorry, but that is the law. You don't have a legal defense to this ticket.
What you should do is enter a plea such that you do not admit liability for the civil claim. If you simply plea guilty, you will be admitting to your negligence in causing the accident. However, you can enter a certain kind of plea that will allow you to take responsibility for the ticket without setting you up for absolute civil liability in the auto claim. Therefore, you will need a lawyer to assist with your plea (and to negotiate your fine). If I can be of assistance, please call.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
If you do decide to fight the ticket you need to get an attorney.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
"Love all, trust a few, do wrong to none."
- William Shakespeare
NOTICE – 1) This email does not create an attorney/client relationship. In order to create an attorney/client relationship with this office it is necessary to enter into a written contract agreed to by both parties. 2) This email is intended only for the person(s) listed in the To: and CC: lines. It is not intended for anyone else and any reliance upon this email by other parties is at their own peril. 3) This e-mail, and all attachments transmitted with it, may contain confidential, proprietary, or legally privileged information that is intended solely for the individual(s) or entity(ies) to which it is addressed. If you are not an intended recipient, then you are not authorized to read, distribute, copy, or otherwise use any or all portions of this e-mail or any attachment. If you have received this e-mail in error, please notify the sender immediately by e-mail or by telephone at 1-404-636-6616, and delete all copies of this e-mail. Thank you.
Depending upon your driving record, you may be able to plead nolo contendere and/or have the fine reduced, but you should consider discussing your claim with an experienced traffic lawyer in order to do so. Since you were the one who hit the other vehicle, however, I doubt that you will be able to get this citation dismissed absent any additional aggravating circumstances beyond those outlined in your question.
I wish you the best in resolving this matter.
Timothy M. Klob
Klob Law Firm
Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia before all Georgia courts for non-Federal matters with a primary focus on personal injury and workers' compensation. Respondent is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims, and is admitted to practice before the United States District Courts for the Northern Districts of Georgia and Texas, respectively, for federal matters including judicial review of Social Security matters. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.