Q: Had a minor fender bender on snowy Rd. Cop said he will not be in court - does that mean I will get off if I show up?
Road was unplowed. No damage to other car - minor damage to mine due to other driver's trailer hitch. The policeman said he would not go to court since he didn't witness the accident.
Generally speaking, the case must be set for trial in order for that to happen. This is because if the case is set for trial and no one is there to testify against you, they cannot proceed without you being willing to self incriminate yourself. By pleading not guilty (what is done by setting a case for trial), the court recognizes that you are requiring them to prove you guilty which requires witnesses to testify to the events. As the officer rarely witnesses accidents, they often cannot provide testimony. As a result, default wins like this do happen. It is recommended that you speak to a traffic attorney if you have more questions specifically about your case.
Juan Ooink agrees with this answer
A: If the officer did not witness the incident, his presence would be necessary only to verify any incriminating statements. The other driver, if any, is an essential witness for the state.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.