Q: Was cited for careless driving for an auto accident I was involved in. What does the state have to prove to convict?
The case is several years old and the cop did not witness the accident. Would the witnesses listed in the police report be required to testify or would the courts rely on the police report as evidence for trial. The reason I ask about that is the where the location of the witnesses live and would probably not show up for a trial as it would be 6 to 8 hour drives for them to show up, and more than likely they would not show up.
A: All the state needs is the police officer who came to the scene it's called accident reconstruction they do not necessarily need the witnesses unless they feel they have a week case. As for proof all they have to show is that you drove without due caution or circumspection so for example let's say you were behind another vehicle and hit in the rear obviously either you were looking at your cell phone or failed to maintain a safe distance behind that vehicle. many other reasons can be found but this is the line that the prosecutor will take. now just because an accident occurred does not mean that you're guilty but prosecutors are good at developing this line. If you want to win get yourself a good lawyer so you don't have to hope for what ifs.
A: First, if you are concerned about points why not review your case with an attorney? Whether they can make a case without the witnesses is difficult to assess without knowing the facts. You should be careful not to discuss this on any social media--even on this site.
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