Need some legal advice..........

[Dave Rifkin]

Last Wednesday my wife totalled her Jeep due to a patch of black ice. When she left for work she was not aware that there was a risk for black ice and drove the .5 mile or so to route 9 south. When she turned onto Rt. 9 she encountered slow moving traffic (due to the black ice) and she went to pass. At that time she hit the black ice and the car swerved into and flipped. BTW, the township didn't start to salt the roads until after my wife's accident and four others took place.
She is okay but, we received two tickets in the mail; one for wreckless driving, one for improper passing.
My question is, has anyone here fought such tickets and did you bring a lawyer with you or did you talk to the prosecutor yourself?
My wife is in a panic and we have been told by friends that we can talk to the prosecutor ourselves but, I don't want to make matters worse.

Any experience with this type of thing or does anyone have any suggestions?

Thanks,

Dave

[njsteve]

Yes, you can talk to the prosecutors yourself and work out a plea to a lesser crime but the old saying is quite true: "He who represents himself has a fool for a client."

I would get a lawyer and have him handle it because a reckless (not "wreckless" by the way, because she did actually have a wreck) driving conviction will affect your insurance rates big time. What you pay the lawyer will, in the end, be cheaper than the enormous rate hike your insurance company will throw at you. http://www.yenko.net/ubbthreads/images/graemlins/scholar.gif

[ronebee]

Do NOT take this as legal advice as I am not an attorney, but I am a licensed insurance agent in the State of New York.

This past summer I got pulled over in a small town were our cottage is drivng my '70 deville convertible and was ticketed for a 46 in a 30mph zone (major speed). I went and spoke to the DA myself, explained the situation (old car, incorrect speedo reading) and also brought along a copy of my driving abstract (conviction record) and there been an accident involved I would have also brought a CLUE report. Both of these reports are obtainable from your agent and a small fee may be incurred for the mvr record (cost the agent $$$ to run them). The cleaner these reports are the better the chances of having them reduced or dropped altogether. My report was absolutely clean up to this incident (devine intervention, I guess, I have a heavy foot).In my situation my ticket was reduced to a parking infraction with a $40.00 fee.

I hope everyone involoved is ok and I'm sorry for your problem, my experiance has taught me that the DAs are approachable and overworked and are willing to work with good citizens.

Any third party involvement, any other vehicles involved?

[Dave Rifkin]

No other vehicles involved, thank God. I am going to try and obtain a copy of her driving record; she has no points. I have already requested a copy of the police report; I want to see how they determined that she was driving recklessly and/or improper passing. She was passing in a legal passing zone and was not speeding. In my opinion, the county was negligent due to the fact that they did not salt the roads until after there were 4 or 5 accidents.
BTW, what is a CLUE report?
Thanks for the advice; we are a little intimidated to handle this ourselves but, feel that the $2,500 we are being quoted by the lawyers is more than we want to spend; especially if this is something we can handle ourselves.

[Mr. Chevy]

Don't spend money on a lawyer.. Go to court and request to speak to the Prosecutor & Police Officer for the city or township which ever it was and explain the situation and politely ask if possibly one of the tickets could be nollied if you plea to the other or request that no points be attached to your driving record if you plea to one or both of the violations.. If they decide to do this you will be faced with court costs/fines which sounds bad but is a whole lot better than points on your Wife's license, especially when dealing with insurance companies. I'm sure the reckless driving is at least 6 points and the illegal lane change is probably only 2... I am sure the Prosecutor will be understanding and work something out with you guys.. PLEA BARGAINING is the way almost everything goes!! Don't try to contest the tickets because it will lead to more headaches down the road ie.. lots of aggravation and she will probably be convicted on both charges anyways facing ALL points and FULL fines and court costs...

Thats my advice to you....

Rich

[Mr. Chevy]

[ QUOTE ]
No other vehicles involved, thank God. I am going to try and obtain a copy of her driving record; she has no points. I have already requested a copy of the police report; I want to see how they determined that she was driving recklessly and/or improper passing. She was passing in a legal passing zone and was not speeding. In my opinion, the county was negligent due to the fact that they did not salt the roads until after there were 4 or 5 accidents.

Dave, you can argue that the County was negligent but in the traffic laws it does state that the motorist is responsible to maintain reasonable control of his or her vehicle at all times.. Maybe she should have been ticketed for failure to control rather than reckless operation, I don't know.. I am not trying to play Devils Advocate I am just trying to help you out and be realistic about what probably will happen...

Rich

[agtw31]

retain the services of an attorney,then wait for your court date.

[jtower1969]

Get the Lawyer...In the long run you will save money.

[x Baldwin Motion]

How do you get tickets for moving violations in the mail? In New York if the police do not witness the violation they can not write a ticket regardless of evidence or witnesses.

[Donutblue]

"almost" all traffic violations in NY must be committed in the officers presence. Seeing as Reckless driving is a misdemeanor, it can be written based on statements of witness's. Also, in the case of an accident a violation may be written based on investigation and statements of witness's, ie: crossing over the double yellow, fail to yield.

[x Baldwin Motion]

http://www.yenko.net/ubbthreads/images/graemlins/flag.gif thanks George, for clearing that up. - Chris

[COPO]

[ QUOTE ]
"almost" all traffic violations in NY must be committed in the officers presence. Seeing as Reckless driving is a misdemeanor, it can be written based on statements of witness's.

[/ QUOTE ]

So that would mean the witness would need to be present in court to testify in order to be convicted? It is highly doubtful that witnesses would show up since no other cars were involved. A good lawyer should be able to get both of these tickets dropped. You'll pay 3 times the cost of the lawyer in increased insurance costs over time if convicted of reckless driving. Good luck.

[Kim_Howie]

Most ins co. have claim free and non-claim free rates my compaines raise your rates 15% percent for a claim. If that Jeep was 500.00 in premium the increase would be 75.00 for two years or 150.00. Wont get much of an att. for that price. Even if you win you will still lose the discount because you had a claim.

[JimL78]

Perhaps the accident was caught on a traffic camera with video hookup. They have them all around the Albany, New York major roads and even show the traffic patterns on TV morning news programs. It's just a thought but good luck with whatever you do. Jim