Q: I have a court date Wednesday for a failure to yield ticket. Lawyer is requesting court to go straight to trail but…
I wanted to contest it and see if judge would throw it out at the hearing. I had a green light with all other lights solid green. The other lady is contesting saying she had a green light as well. Insurance had hired an investigator but the other lady won’t allow insurance or investigator to look at her car but was there shortly after accident demanding money. I had a concussion after the accident and wasn’t fully coherent after and was transported to hospital. The officer didn’t put down any witnesses but then while speaking on the phone says others said I went right in front of the lady however didn’t know what color our lights were. I did not see her nor her lights it was early morning before the sun was up. Is it not possible for this to be dropped at the first court date we have to go to trail? I’ve inquired about the camera footage at the light and no one can give me a straight answer.
A: You will need to talk with your attorney about your best options. Not all intersections have cameras. Sometimes car accidents are he-said/she-said. There are ways for the Court to order an inspection of evidence as part of the discovery process. You would need to talk with your attorney about the best strategy in obtaining or not obtaining this evidence. Keep in mind that, although related, the ticket (criminal/traffic) case is separate from the civil (car accident damages) case and have different laws that apply.
Tim Akpinar agrees with this answer
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