question about a ticket

Discussion in 'Experienced Truckers' Advice' started by deannaeg, Feb 9, 2013.

  1. windsmith

    windsmith Road Train Member

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    Was he delivering to the newspaper and following the GPS directions? I've seen the exact same scenario that almost played out the same way, at probably the same intersection. And it wasn't me that almost took out the 4 wheeler.

    FWIW, it may get thrown out of court if it's shown that the insurance paid off for repairs.
     
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  3. Stewey1982

    Stewey1982 Light Load Member

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    Newbius Erectus, in the original post I was speaking from the view point it was in a state I had no hard knowledge of. The second post is first hand knowledge of the traffic laws of SC. I'm not saying he can't win. Charleston may have the requirement that the other party involved be present at the "trial" in order for the charge to stick. If the other party fails to show up the ticket is thrown out. I know SCHP is allowed to testify and get convictions on accident cases even though they weren't present. Some jurisdictions require the officer to either witness the accident in order to testify and uphold the charge or the other party to be present. The judge will hear both sides and render his/her verdict based upon the testimony given and any evidence presented.
     
  4. wideglide13

    wideglide13 Light Load Member

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    Stewey You don't know if he was guilty of any thing ! That is for a judge to decide or DA . Courts through or reduce tickets all the time . Un less the cop saw it the people you hit will have to show up to back the cop , and most times they don't show . A lawyer will make the cop look like a moron and it is not hard to do a lot not all are . i would fight it or you could listen to a former cop key word former lol
     
  5. Stewey1982

    Stewey1982 Light Load Member

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    In accordance with O.C.G.A §40-5-86, licensed Georgia residents may request that DDS reduce the number of points assessed against their Georgia driver's license up to 7 points once every 5 years.
    To qualify for a Points Reduction, you must successfully complete a certified Driver Improvement (defensive driving) course and present the original certificate of completion to the DDS by mail or in person at one of our Customer Service Centers.

    He may qualify for a point reduction on his license. I'm not sure if CDL holders are eligible in the state of GA.
     
  6. wideglide13

    wideglide13 Light Load Member

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    Good advice Grumppy ! And i would add a lawyer will consult for nothing and tell you what kind of shot you got
     
  7. Stewey1982

    Stewey1982 Light Load Member

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    Well, this "former" cop is currently in Afghanistan. When I return I will go back to the police department. You are correct it is up to the judge and I stated this in the first post
    but I'm speaking from my experience prosecuting accident cases, b/c in my jurisdiction as well as the vast majority within the state of SC do not have DA's that prosecute the traffic and misdemeanor charges. The police act as the "attorney". If you would have read the entire post you would have read in the state of SC magistrate level courts do not have the authority to reduce points or fines. The only way this can be done is if the officer or trooper amends the charge on a new charging document and nolle prosequi the original charge. This doesn't occur with traffic accidents. You would also know as I stated before, State Troopers often times testify in accident cases without the other party being there and get convictions a lot. So the requirement for the officer to witness the accident varies from jurisdiction to jurisdiction. I guess wideglide is an attorney now. Typical truckstop lawyer.
     
    Last edited: Feb 9, 2013
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  8. Moosetek13

    Moosetek13 Road Train Member

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    When making a wide right turn one should always be aware of, and watching, what is going on in the right side mirrors.
    This could have been avoided.
     
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  9. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    In all honesty, because I do not live in, nor have any first hand knowledge of Charleston, NC legal system, but I cant believe that the city DA's office doesn't prosecute the traffic laws. Having been spent some 8 years in law enforcement, that is strange to me. However, it could be the way it works there I guess. If it was a village or a town that holds mayors court or under the jurisdiction of a JP, I understand that but a judge holding traffic court in a city the size of Charleston.... I don't know about that.....

    I still say it certainly wouldn't hurt to contact the DA's office & just ask if they could help. I mean, I have never been refused assistance in a situation with a traffic ticket.
     
  10. Stewey1982

    Stewey1982 Light Load Member

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    I never said he was guilty of anything as a matter of fact I said
    I also used words such as "may" and "more than likely". I was cautious against using definitive and absolute wording b/c I said ultimately it was up to the judge. She asked if it was legit. Yes, it's legit. She asked for thoughts as well as if it's worth fighting. I gave my opinion, so rather than attacking my opinion you have to attack my usage of the words former b/c I'm not currently working in that capacity. When you have something constructive to add to the OP thread feel free to come back and opine.
     
  11. MNdriver

    MNdriver Road Train Member

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    guilty until proven innocent.


    I'd want to know WHAT the intersection looked like in the first place to make the right turn.

    It's entirely possible he HAD to make a turn like that just to avoid hopping the curb or wiping out a street light.

    Not knowing that, I'd go and get pictures or at least the google or Bing map of the intersection and see how it's laid out.

    Not all intersections are truck friendly and FORCE YOU to make wide turns like that.
     
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