QUESTION

What will happen if I make a citation even if I was not there to witness it?

Asked on Sep 21st, 2013 on Automobile Accidents - North Carolina
More details to this question:
My mother was backing out of a private parking lot. She had stop and put the truck in drive, at that moment a women backed into her. Before the women got out of her van she had already called the local police department. Before the police arrived the women moved her van. My mother waited till the police officer had her move her truck. There were witnesses to the accident and the officer did not speak to them. He then spoke to my mother for about five minutes and asked my mother " were you backing up" she then replied to the officer that she had backed up, came to a stop, and had put the truck in drive and that was when she got hit. The officer then talked to the other woman (which they know personally because she is the manager a local gas station where the Police Department gets there gas for their police cars). For about 30 minutes, the officer then came back and told my mother “that my mothers and the other women's stories were about the same. But I have to write someone a citation and that since I was not there to witness it; I hope I am making the right decision". He didn't ask the woman that I was with my mother, or the employees of the pharmacy or the other witnesses what had happened. Can you give me any advice to what to do?
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3 ANSWERS

Ronald A. Steinberg
Fight the ticket. Get statements from the other witnesses.
Answered on Sep 30th, 2013 at 1:08 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If you are in S.C., you mother has a right to a jury trial. Perhaps she should appear in court on the date specified on the ticket and request a jury trial. If she knows the witnesses, ask the court to subpoena them, or just ask them to come if you think they will without a subpoena. If you do not know who the witnesses are, in court, when your mother cross examines the officer, ask him if he knows the other driver and how he knows her. Also ask if there were witnesses to the accident that he did not interview. When your mother testifies, she should state that the officer spent more time interviewing the other driver and that there were witnesses who were not interviewed. If she asked for a jury trial they may dismiss the ticket if the damages have been paid.
Answered on Sep 24th, 2013 at 10:58 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Don't know how you "make" a citation. If you think the police did not do his job, write a nice letter to the chief. That is about all you can do. be careful you are not making a tempest out of a teapot. You ought to tell your insurance carrier what happened sand let them deal with it.
Answered on Sep 24th, 2013 at 10:35 AM

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