Q: I was in a car accident. Received a traffic violation ticket with 4 points and a mandatory court date.
I stopped at a stop sign. Looked both ways and drive through an intersection with the right of way. When I started going through the intersection, there were no cars. As I proceeded through the intersection 90% through the first lane I was hit by a car I presume to be speeding or distracted. A witness said the car was speeding. I believed both because she did not swerve, brake, or slow down. There is 0% chance she did not see my car, as I was fully through her lane. I was deemed responsible because I had a stop sign and she had the right away and I cannot prove she was speeding. I now have a mandatory court date. What should I expect/what do I say to a judge?
A: Your first court date is typically just an arraignment date in which you enter a plea of not guilty, no contest or guilty. They will then give you a court date for your trial. If you would like to go forward with your trial, I would suggest you request that the court issue a subpoena for the witness to the accident who can attest to the fact that the other car was speeding and that you corroborate your version of events that you stopped and had almost cleared the intersection before you were struck. However, in most cases, you do no have to go to trial as you normally have an opportunity to discuss the case with the prosecutor to reach a plea deal without having to risk going to trial and having you found guilty of causing the accident.
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