Memphis, TN asked in Car Accidents and Traffic Tickets for Tennessee

Q: I got a ticket in Walmart parking lot for failure to use due care. Should I go to court or pay it?

I started to pull out of the Walmart parking lot when a car pulled out from a lot across the street and I had to brake. When I backed up to get out of the street, the car behind me was driving forward and my bumper tapped his. He overreacted and accused me of damaging his car that was obviously already damaged. My rental had no damage whatsoever. He called “his buddy”, a Millington policeman who wrote me a citation for “failure to use due care.” When I turned in my rental car the next day, the rep did a thorough inspection and found no damage at all. I called the police station and I was told that if I pay the ticket, it would not go on my record. Is this true? I feel like if I pay the ticket, I will be admitting guilt and will be responsible for paying for the obvious pre-existing damage to the other vehicle. I feel like I should go to court to fight this but then again, it’s his and his cop buddy’s words against mine. It doesn’t seem fair. What should I do? Thanks.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Traffic Tickets Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: From your facts it does appear to be your fault, that is a Rule of

The Road Violation occurred. If you plead Guilty and pay the Citation, it will appear on your MVR. You may wish to hire a lawyer to represent you, so something besides a conviction might go down. Your Insurance Company might help, but it is doubtful. Your Lawyer might work out some type of Restitution for the Victim, where the Citation is Dismissed.

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