Question for you law enforcement members...

[jay79cj7]

I got in a minor fender bender tonight. No injuries, thank God, and my cherokee is ok, minor damage only. His saturn hood and front bumper are toast. To make a long story short, it was my fault, and I got a ticket. I apologized, the other guy was pretty cool about the whole thing, and I don't think he's going to hold a grudge against me as long as his car gets taken care of.

So the cop tells me I can A) plead guilty and pay the ticket, B) do the same and go to safety school to keep it off my record, or C) go to court. He goes on to say that most people in my situation choose C, and if the other guy in the accident doesn't show up for court, the judge "throws it out." By the time I'd get a court date, this guy's car will be fixed and he should be happy and not want to show up for court. If what this cop told me is true, I should be able to get out of this ticket and keep it off my record.

Sounds too good to be true... Any advice here? Cook County, IL, by the way.

 

[mrfast]

Anything that sounds too good to be true---usually is too good to be true! When you go to court you will have to plead innocent or guilty----plead guilty then you pay fine and it goes on your record etc. etc.----plead innocent then they set up another court date---maybe just maybe the policeman won't show up for court and then the judge will throw it out-----but I wouldn't count on the policeman not showing up for court.

I'M NOT A POLICEMAN AND THIS IS JUST MY OPINION!

 

[mingez]

Anything that sounds too good to be true---usually is too good to be true! When you go to court you will have to plead innocent or guilty----plead guilty then you pay fine and it goes on your record etc. etc.----plead innocent then they set up another court date---maybe just maybe the policeman won't show up for court and then the judge will throw it out-----but I wouldn't count on the policeman not showing up for court.

I'M NOT A POLICEMAN AND THIS IS JUST MY OPINION!

I don't think he's questioning whether the Cop is going to show up (it was the cop's idea)

He's saying that he was told if the defendant (The guy he hit) doesn't show up, it'll get thrown out.

--- I don't think that's true.

Typically, in this scenario the cop is the person you have to hope doesn't show up, he wrote the ticket. Not the other accidentee, as the ticket has nothing to do with him, but rather the fact that you committed a moving violation.

I don't know why the cop would have told you that, unless there was some miscommunication or something.

Unless I'm wrong here because, Cook County law is strange, I'd just go to traffic school and get it wiped off my record.

 

[jay79cj7]

I have talked to a former cop in the city the accident occurred in and a friend thats a lawyer in this county. Both say the court has to have evidence you committed a moving violation to convict you. (duh.) Unless the cop saw the crash, his testimony would be hearsay, so they don't go that route. Because of the 5th amendment, you don't have to testify against yourself. So, if no other witnesses show up at court, like the person you had the accident with, they can't convict. Sounds too good to be true, but according to two knowledgeable sources, it is.

And for the record, when you go to court, you don't plead innocent. You plead not guilty. There is a difference. And no, they don't set up another court date. They take care of it then, unless there is a reason to push the remaining matters to another day (like requesting to get legal counsel, etc).

Thanks for the speculation. :roll:

 

[David]

I don't know what the law is in Illinois, but here in Tennessee, a third plea is possible: no contest, sometimes refered to as "nolo contendere." This is a plea in a criminal case (which even a ticket technically is) which is given by a defendant (you), which means simply that you do not contest the charge. As far as a penalty is concerned, you are usually treated as if you had been found guilty. However, (a) you did not "plead guilty," and (b) in Tennessee, at least--and understand that I do NOT know what the law is in Illinois--the no contest plea cannot be used against you in a civil action arising out of the same circumstances. That is, in Tennessee, if you plead guilty in court to the ticket (which you usually do by simply paying the ticket), you then usually cannot contest your liability for the civil damages arising out of the accident, because your guilt has already been determined by another court of law. I would go to court, try to get the driving school, but see if you can do it on a "no contest" plea (presuming that works in your state). Your best bet, of course, is to hire a lawyer, but I understand that may be cost prohibitive. If you don't have a lawyer, approach the prosecutor yourself on the court date, and ask him or her if (s)he'd be willing to give you driving school with a "no contest" plea. You'll probably have to pay court costs, and I have no idea what your insurance company would do, but that might be a workable alternative.

 

[jay79cj7]

Thanks for the input. I'll look into that.

 

[zafirex]

Watch out for the court costs. In some places, they are more than the cost of the fine itself.

 

[KrazyJeeper]

How about giving us the situation and then we can make a recommendation. Never plead guilty, many times its harder to get off your record. I would go to court and see if the other guy shows up, worth the chance, now, just hope he doesn't sue because all of a sudden he's hurt. It happened to my wife a few years back, but luckily our insurance settled. The dude was a dope head and tried every which way to get money from us. Good Luck.

 

[mingez]

Thanks for the speculation. :roll:

????

 

[TwistedCU]

Here's the thing... you admit it was your fault, right? Sounds like option B is the way to go. You plead guilty, pay the ticket, go to a class, and then after doing the "right thing" you, your driving record, and your concience are free and clear.

Did you admit fault at the scene? If tthe officer can testify that you admitted fault to him then it is not hearsay.

How much is the fine? How much/how long is the class? I would seriously weigh the value of taking this route.

 

[Bounty__Hunter]

I have talked to a former cop in the city the accident occurred in and a friend thats a lawyer in this county. Both say the court has to have evidence you committed a moving violation to convict you. (duh.) Unless the cop saw the crash, his testimony would be hearsay, so they don't go that route. Because of the 5th amendment, you don't have to testify against yourself. So, if no other witnesses show up at court, like the person you had the accident with, they can't convict. Sounds too good to be true, but according to two knowledgeable sources, it is.

I'm a police officer (Deputy Sheriff) in the same state, IF you want to call the rest of Illinois the same as the state of Chicago/Cook County.

What you posted about the cop's testimony is BS, if that were true there would never be a conviction on a traffic crash moving violation. The Officer likely has a ton of evidence which is not hearsay, like the damage to the vehicles, driver admissions, etc.

Anywhere in the rest of Illinois, you have to show up at your first appearance, request a bench trial (you're not entitled to a jury), and hope the officer doesn't show. Who cares if the other driver doesn't show, he's a victim (not a defendant as earlier mentioned) and the traffic case doesn't evolve around him (although a civil case would).

You admit fault, so decide if you want points against your license or have the time to do the traffic school. Down here you have the option of Court Supervision, three months without another ticket and your ticket is dismissed, no hit on the insurance. No safety school.

 

[jay79cj7]

Case dismissed. No ticket, no fine, no fees, no record. It worked exactly as my friend described it. I only had to give my name. They asked if there was anyone present involved in the accident. After about 30 seconds there was no response... "Dismissed."

 

[currupt4130]

Nice

 

[amuddyzj]

awesome