Q: TA-21-201(a1) Contributed to Accident Defendable?
Was assessed a $130 fine for TA-21-201 Contributed to Accident where I turned left out of an apparent right turn only (only signage was pavement, no left turn prohibited sign). Cop said he had me on video, presumably dash cam.
Main issue other than the hefty fine is that the ticket is marked for “Contributing to Accident”. There was absolutely no accident/contact and there was more than enough clearance when I did turn (brand new car, not the risky type). This little addition takes the offense from 1 point to 3. Is it defendable in court? Why is he able to throw that in there when it didn’t happen?
A: Of course it’s defensible. Request a trial, not a waiver hearing. Hire a lawyer if you really want to raise all possible defenses, otherwise you will at least get rid of the accident enhancement.
A: You should submit a trial request and appear in court. If the Officer fails to appear, the Citation will be dismissed. The Citation to 21-201(a1) should not specify whether your failing to obey a traffic control device under that subsection contributed to an accident. Frankly, I've never seen that specified on a traffic citation form. Rather, evidence that a violation contributed to an accident is typically offered in court if you request a trial and testimony is taken. Upon a judicial finding that an accident resulted from the violation, the MVA would then impose 3, rather than 1 pt. However, if you appear in court and even if you were technically found guilty of the underlying violation AND that it contributed to an accident, you could still avoid the imposition of points by obtaining "probation before judgment." An experienced traffic lawyer could be of great assistance to you in obtaining that possible outcome.
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