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Ok this might be to late to ask. Give me your opion and or advice Please...

Ok this might be to late to ask. Give me your opion and or advice Please...
Ok this might be to late to ask. Give me your opion and or advice Please...
I have to go to driving school and some one has told me that if the ticket is not correct in what happen then it could get thrown out of court.. But here is what happen.
One morning I was turning left and sun was in my eyes I did not see the guy on the bike in the cross walk till it was to late but as soon as I saw him I stopped I bump his back tire Emt came and took him to hopital No more details . So do I go to court and fight the ticket or go to school. I was going 10 mph the ticket say 40mph this is while turning left.
You know my gut says I was set up. The other side thinks I wont win in court then I get points. I was It never happen You know you cant even call to check on him this happen on 5-24-10 he has a lawyer ... I was told by police that he was not hurt to bad

Answer Question
 
Anonymous

Asked by Anonymous at 3:38 AM on Jul. 17, 2010 in Politics & Current Events

Answers (15)
  • I deleted that by mistake I was asking if the court would throw it out for putting the wrong speed on the ticket
    paurad

    Answer by paurad at 3:41 AM on Jul. 17, 2010

  • ok I read the ticket and it says failure to yied to traffic while turning with a green light and that sppe was appox 40 speed limit is 40 I was going less then 10 I am scheduled to go to school today but thinking that I should fight in court.
    paurad

    Answer by paurad at 4:12 AM on Jul. 17, 2010

  • Yes they will but it is hard to prove. Are you talking bicycle or motor cyle. If bike was it in the bike lane. Even at forty though since you weren't sited for speeding the judge may not care about the miscalculation any way. So unless you have a good lawyer it might be hard to fight. However by legalities it is a falsified charge.
    hot-mama86

    Answer by hot-mama86 at 4:19 AM on Jul. 17, 2010

  • The bike was in the crss walk with the man riding it I thought that all bike in cross walk is suppose to be walked with not riden onso I think I will go to class in the morning and ask them then go from there.you know the tick should of said something like failure to avoid an accident not failure to yied to traffic what do you think plus the speed thing
    paurad

    Answer by paurad at 4:37 AM on Jul. 17, 2010

  • Yes he should have been walking it though I don't they will hit him for that. However if you had the green light his would have shown a don't walk sign. Which is the same as jay walking. Though all he would get is a ticket and you would still be in trouble for not yielding a bicyclist is considered a pedestrian. With the difficulty of proving your case classes would be a safer bet. It should have said failure to yield to a pedestrian, but thats a higher charge so you got lucky there. The speed thing could be fought but like I said it may not matter because it wasn't a speeding ticket.
    hot-mama86

    Answer by hot-mama86 at 5:08 AM on Jul. 17, 2010

  • One morning I was turning left and sun was in my eyes I did not see the guy on the bike in the cross walk till it was to late but as soon as I saw him I stopped I bump his back tire Emt came and took him to hopital No more details .

    ***
    Just playing devils advocate here...if your traffic light was green and you were already in motion and going through the green light (as opposed to completely stopped and then when the light turned green you went) to make your left turn, and nit the bicyclist, then that's likely where the "speed" charge came into play.

    But, I have to ask, if you hit the BACK tire, then that means that the bicyclist traveled in front of your car (in either direction), so if the sun was in your eyes, you should have slowed down or stopped as you approached the intersection--I guess I find it hard to understand how you could not see a person on their bike when they passed directly in front of you?
    LoriKeet

    Answer by LoriKeet at 8:00 AM on Jul. 17, 2010

  • You hit someone in the crosswalk. Your ticket was for failure to yield. You failed to yield. I don't see how it would be thrown out.
    mancosmomma

    Answer by mancosmomma at 9:00 AM on Jul. 17, 2010

  • While you were driving, were you talking on your cell phone or texting? Just a question...it happens all the time.
    I don't see how you could have not seen someone in the cross walk. Sorry....
    gertie41

    Answer by gertie41 at 9:39 AM on Jul. 17, 2010

  • In order to prove how fast you were going they need to have a caliber speed gun that proves this. If you go to court seeing that this guy has a lawyer, he is after insurance money, if the officer that gave you the ticket does not show up in court the case will be dismissed altogether, but if he does, the fact that you hit a pedestrian doesn't look good, I would take the school and be done with it.
    older

    Answer by older at 9:53 AM on Jul. 17, 2010

  • You would have to prove that you weren't going that fast. I got a ticket when I was 20 for driving without a license I have had my license since I was 17. But, the judge did not believe me and stuck with a $400 ticket. I asked if there was anyway I could prove otherwise and he said no and he didn't care.
    matthewscandi

    Answer by matthewscandi at 10:31 AM on Jul. 17, 2010

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