Quote: (10-04-2013 09:35 PM)chyamor Wrote:
Quote: (10-04-2013 07:18 PM)Merenguero Wrote:
O.P.:
If you answer two questions for me, I think I can provide you with a response to your original post.
1. The officer who charged you did not witness any part of the accident, right?
2. Did your insurance company pay for the damages to the other vehicle?
1) No the cops showed up about 3 hour later.
2) No, the case is still being reviewed. they asked when my court date was and I told them in 2-3 weeks when its really on tuesday.
The one main issue I see is how can my car have 2 points of impact if I was at fault? If I was in his lane only my front side and his front side would have impact. How is it possible my back driver side was also hit
Here are my thoughts. The police have exactly zero first-hand knowledge as to what happened here. If they do show up in court, which is a big if, I would object to everything and anything that they try to say. It is all hearsay and should therefore be inadmissible in court. In order for you to be found guilty, the driver of the other vehicle must show up in court and prove that you failed to drive right of center. It appears that you are being charged with failure to drive right of center, or the equivalent of that charge, and are not being charged with negligent driving or reckless driving. If that is the case, the driver of the other vehicle need only prove that you went out of your lane. Whether or not you were at fault in the accident is a non-issue. If you failed to stay in your lane and the driver of the other vehicle testifies as such, no other proof is really necessary. If it is your position that you stayed in your lane, you can plead not guilty and testify in your own defense. If you are found guilty after a trial, you can present mitigating information such as clean driving record, lack of history of accidents, the need to keep a clean driving record for school/work/insurance purposes. If you do that, you may be able to get a disposition which does not involve any points being assessed against your license.
The reason why I asked whether your insurance paid for the damages to the other vehicle is that in my experience, the driver of the other vehicle is much less likely to appear as a witness in court if the damages to his or her vehicle have been paid by insurance before court. It appears that the testimony of the driver of the other vehicle is necessary to prove the case against you.