Please Help!! What do I do? CAR ACCIDENT ****ADVICE/HELP****

[bawkbawkbawk]

cmcgoun, he said earlier he was allowed to drive without a parent in the car.

but he referred to having a passenger as a "BIG NONO". Haven't seen him respond to my question about whether or not it's illegal in his state as it is in ours to have a passenger in the car until after having a license for one year. If it is illegal for him, I'm wondering if that could be why he got slapped with careless driving?

 

[Calebs Acre]

bawk:

I believe the careless driving charge was a result of him losing control of his vehicle to the point it rolled/tipped over. It's a broader and lesser charge than wreckless driving. So, in that respect, he was lucky. If you lose control of your vehicle to the point of rolling/tipping over, you can easily be charged with wreckless driving.

Since I am not an urban person, I don't know if there are speed limits on gravel roads where he is located, but usually there is a certain amount of speed necessary to cause a vehicle to roll/tip over. If you are in gravel and brake at lower speeds, you are more likely to show signs of sliding a bit of a distance. Since we have very few public gravel roads in the suburbs (I can't think of any in the two main states in which I have resided) I don't know how traffic laws are applied differently than pavement.

It's always best to try to look at legal issues from BOTH sides. The first thing I learned about the law was to "prepare the opposition's case first." If you try to first make the best case possible AGAINST your side, you will be prepared. I tend to play devil's advocate with my friends and they HATE IT. They think I'm always "against" them. As we get older (now we're old f*&rts) they finally understand now.

 

[Rockpile99]

Cownancy,

You are completely right.
Quote:
Have you ever been in a semi? With just about EVERY car on the road wanting to get in front of you and doing so all the time, often times when they don't have adequate clearance to move into your lane it is almost impossible to be a safe distance behind a car. As soon as you slow down enough to get to that safe distance inevitably another car has cut you off behind the one you were slowing down for. With the truck being the 'following' vehicle essentially it's a no win situation for the truck. c'est la vie.

Quote:
Also right which is what led me to thinking that he should go observe. In Colorado I've always had the option of speaking to the DA after entering my plea in traffic court. I've gotten many points and sentences reduced by doing so. Yes community service or suspended license is a sentence. In our state the sentence, (I sentence you to 30 hours of community service and a $200 fine) is handed down by the judges after recommendations from the DA.


Quote:
That's a great idea!

Good luck Josh. We'll be interested to see how it goes for you.

Karen

 

[silkiecrazy1212]

Thanks everyone...
I decided to post early so I would have ALOT of time to think it all over.

My court date is May 20th, and I will try to go watch one before them.

 

[Whispering Winds]

Quote:
Absolutely great advice!!! If you are a good kid otherwise, you probably will get a fine, court costs, maybe community service, but for a first offense I would be surprised . . .respect and humbleness will get you a long way with this one. They know there was no alcohol, drugs or crazy behavior, and the way you handle yourself in front of the judge will probably be your saving grace. Good Luck!

 

[Calebs Acre]

Hi Karen:

I'm not saying it's easy to drive a truck. Lord knows I have trouble when I am driving my pick up truck with a loaded horse trailer. I just meant that is the way the LAW looks at it. Here on Long Island, people cut you off and seem to aim at you!! I hate driving anymore, it's so dangerous and I used to LOVE to drive.

Just wanted to make sure you knew that I could completely understand your side of the issue, but the law isn't so understanding most of the time. It's been interesting discussing this issue, I hope things work out well for Josh!!

Nancy

 

[silkiecrazy1212]

Okay new question..

THIS IS YOUR OPINION!

Do you think my case is worth getting an attorney?

 

[Calebs Acre]

I think you should see what your parents think about that. I think if you get an attorney you MIGHT be able to get rid of the Careless Driving charge and who knows what else since we don't have the accident report.

What could it hurt for your parents to call and find out what a recommended attorney has to say.

Wish I knew your area more. I think it's worth the phone call.

C'mon...tell us what your parents are saying about all of this. It would help!! LOL.

 

[silkiecrazy1212]

Well my mom said:

"You got your self into the situation. If you think you should be represented then we will find an attorney to represent you. You will help pay for the attorney though."

They dont really seem to care about whether I have one or not.

My mom actually has a friend that is an attorney and he said the MAXIMUM punishment I could possibly get was about:

$100. fine for careless driving
$100. fine for Violation of school permit
Get my permit taken away for good,
and not be able to even apply for a learners permit until I am 16...

OUCH!!!!

But the sheriff that handled the accident said that what would probably happen was:

$100. fine for careless driving
#35. - $45. fine for Violation of school permit
(She also said that she hasnt dealt with too many cases where the driver had only a school permit.)

 

[cluckinbob]

Hey. Calm down. As long as you weren't drinking and they didn't find anything in the vehicle that wasn't supposed to be there you don't have too much to worry about. Your insurance will probably be going up though.