Traffic court question...

[thaskalos]

I was involved in a car accident about a month ago (my fault)...and I am scheduled to appear in traffic court tomorrow. Since this is my first visit there for an accident...I would like to ask you for some advice.

I know that my case will be dismissed if the other party involved in the accident doesn't show up in court, and my feeling is that she won't show up since my insurance already fixed her car...but I am not sure about the plea that I am supposed to enter at the start of the court proceedings. If the other party in the accident is not there, do I enter a plea of NOT GUILTY in order to get my case dismissed...or will the case against me be dropped regardless of the plea that I enter?

Common sense tells me that a guilty plea would work against me even if the other party is not there...but I am not sure.

Thanks in advance for any advice you might be kind enough to offer me.

[tucker6]

I was involved in a car accident about a month ago (my fault)...and I am scheduled to appear in traffic court tomorrow. Since this is my first visit there for an accident...I would like to ask you for some advice.

I know that my case will be dismissed if the other party involved in the accident doesn't show up in court, and my feeling is that she won't show up since my insurance already fixed her car...but I am not sure about the plea that I am supposed to enter at the start of the court proceedings. If the other party in the accident is not there, do I enter a plea of NOT GUILTY in order to get my case dismissed...or will the case against me be dropped regardless of the plea that I enter?

Common sense tells me that a guilty plea would work against me even if the other party is not there...but I am not sure.

Thanks in advance for any advice you might be kind enough to offer me.
Your insurance is paying for the damages but you have a fine coming for violating some law? If so, why not just pay the fine since you know you're guilty? Not trying to be a dick here, but it seems like one of those "walk the walk, talk the talk" deals. Personally, and it is easier for me to say since I'm not in your shoes, my conscience would be cleaner in just getting the whole issue behind me and paying what I need to pay. Maybe I got your post all wrong, so please correct me if so. Good luck regardless.

[Rookies]

An accident is normally a step up.

But with anything below that you should ALWAYS plead 'Not Guilty', especially if you've scoped out the Court by arriving a few minutes before and you don't recognize the attending Cop.

A Guilty Plea, regardless of what they do after, means some form of Guilt on your driving record. Where I'm from, this is never a good thing. It's not the cost of the fine itself for the violation. It's the possible years of add on costs when your Insurance Company raises your tab.

[Show Me the Wire]

If the other party does not show up you won't have to enter a plea. The case will be either dismissed or continued to another date depending on the circuit. If it is in Cook County it usually is dismissed.

If the other party does show up, ask for a continuance to get a lawyer. There can be ramifications, entering a guilty plea in a traffic court case, in a civil action for personal injuries.

p.s. Ask the mod to edit your post regarding your admission of fault.

[tucker6]

An accident is normally a step up.

But with anything below that you should ALWAYS plead 'Not Guilty', especially if you've scoped out the Court by arriving a few minutes before and you don't recognize the attending Cop.

A Guilty Plea, regardless of what they do after, means some form of Guilt on your driving record. Where I'm from, this is never a good thing. It's not the cost of the fine itself for the violation. It's the possible years of add on costs when your Insurance Company raises your tab.
Okay. I see the issue. Fortunately, I've never been in one so didn't know the additional ramifications. I never believed in exorbitant insurance rate hikes after accidents, so screw those bastards.

[johnhannibalsmith]

...

If the other party does show up, ask for a continuance to get a lawyer. There can be ramifications, entering a guilty plea in a traffic court case, in a civil action for personal injuries.


Spot on, in my opinion.

[Zydeco]

If the person is there,,,,," guilty with explanation your honor" explain how you were trying to avoid the incident..."it happened at speed" "that's why they call them accidents"..good luck!

[Shemp Howard]

If it happened in Chicago, call your Alderman's office and get some cash from the bank.

[Zydeco]

If it happened in Chicago, call your Alderman's office and get some cash from the bank.

Cash is always good!

[MONEY]

You need a lawyer.

She most likely got a subpoena from the court, so expect her to show up.

If you go without a lawyer & none of the witnesses show up, the judge
will tell you to return on a later date, with a lawyer's help you might get the case dismissed instead of delayed.

You probably already admitted too much to plead not guilty.
With a lawyer you might be able to plead no contest. With a no contest plea you can avoid having a misdemeanor traffic violation added to you driving record and/or points being added against your license.

Your insurance company has already paid, so expect a rise in your auto insurance payments next year and for several more years. Also you already have an at fault accident on your drivers record that is impossible to remove, no matter what happens in court.


GOOD LUCK

[davew]

what the heck is traffic court? is this a Chicago thing?


what sort of notification did you get that says you are supposed to appear?

[Actor]

I was involved in a car accident about a month ago (my fault)...and I am scheduled to appear in traffic court tomorrow. Since this is my first visit there for an accident...I would like to ask you for some advice.

I know that my case will be dismissed if the other party involved in the accident doesn't show up in court, and my feeling is that she won't show up since my insurance already fixed her car...but I am not sure about the plea that I am supposed to enter at the start of the court proceedings. If the other party in the accident is not there, do I enter a plea of NOT GUILTY in order to get my case dismissed...or will the case against me be dropped regardless of the plea that I enter?

Common sense tells me that a guilty plea would work against me even if the other party is not there...but I am not sure.

Thanks in advance for any advice you might be kind enough to offer me.These are questions you should be asking a lawyer, not us.

[JustRalph]

If the cop shows, it probably won't matter if she shows. You'll have to beat him, not her. His investigation and report should trump all.

Now, if neither show, you might have an out. Either way, one thing you need to know. Did she sign a release after you fixed her car? If she released you from liability, and has promised not to sue, don't sweat it, pay and have a beer and forget about it.

Did she claim any injury? If so make damn sure your insurance got a release and the matter is over. If not, don't plead guilty to anything. If you plead not guilty and piss off a judge, and he has to put on a trial, you might get hammered in fines, but you might save money in a settlement later.

Inquire with the prosecutor about a nolo contendre plea wherein you admit no liability, but will not contest and cause a trial.

You need to know if injury damages are settled. If they are, and there's no chance to sue you, don't sweat. Get in, get it over with.

Btw, if an attorney shows up to represent her, go to red alert, full battle stations, ask for a continuance and get a lawyer. Don't do shit tomorrow. Tell them you have decided to engage counsel since she has. Demand a continuance. * Don't answer any questions her lawyer asks you, whether formally or informally. Remember, he's after your wallet.

[Rookies]

If the cop shows, it probably won't matter if she shows. You'll have to beat him, not her. His investigation and report should trump all.

Now, if neither show, you might have an out. Either way, one thing you need to know. Did she sign a release after you fixed her car? If she released you from liability, and has promised not to sue, don't sweat it, pay and have a beer and forget about it.

Did she claim any injury? If so make damn sure your insurance got a release and the matter is over. If not, don't plead guilty to anything. If you plead not guilty and piss off a judge, and he has to put on a trial, you might get hammered in fines, but you might save money in a settlement later.

Inquire with the prosecutor about a nolo contendre plea wherein you admit no liability, but will not contest and cause a trial.

You need to know if injury damages are settled. If they are, and there's no chance to sue you, don't sweat. Get in, get it over with.

Btw, if an attorney shows up to represent her, go to red alert, full battle stations, ask for a continuance and get a lawyer. Don't do shit tomorrow. Tell them you have decided to engage counsel since she has. Demand a continuance. * Don't answer any questions her lawyer asks you, whether formally or informally. Remember, he's after your wallet.

Agree completely!

The LEAST concern is the fine.

The most is the Liability Damage costs, then your Insurance rates. Again, never plead Guilty.

[Tom]

Tell them the car went out of control and blame GM.
Might delay things a while.

[DJofSD]

You might need to research what your state has for a schedule for suspending your drivers license. Especially since your incident appears to be a moving violation.

Know your options before you decide on a strategy.

[_______]

Regarding the concern expressed about the impact of a guilty plea on any pending civil action: Most jurisdictions give an option of a "no contest" (nolo contendere) plea to criminal charges. This is effectively a guilty plea to the criminal charge but cannot be used as evidence in a civil case.

I assume you live in Illinois from other responses and I have no specific knowledge of the law there. But I would be surprised if this option wasn't available. I'd contact your insurance company and ask the claim rep. They will have knowledge of local law.

[HUSKER55]

JMHO,

I would plead not guilty and let the insurance companies handle it. You plead guilty and her lawyers will come after you for all the money and wealth that you have.

[highnote]

thaskalos,

I tried sending you a PM (unrelated to your accident), but your message box is full. Can you make some room so I can send a PM?

Thanks!

PS

Hope your accident had a good outcome for you.

[Valuist]

what the heck is traffic court? is this a Chicago thing?




I didn't think it was but the police forces in many of the local municipalities are extremely aggressive in trying to get as much extra revenue as possible. But Cook County (where Chicago is) is nothing compared to north suburban Lake County. I used to work with a woman who got pulled over there and gave a breathalyzer, which she passed. The police continued to push for a DUI. It cost her $3500 in legal fees to get it taken care of despite the fact her breathalyzer number was well below the limit.

[Actor]

If the cop shows, it probably won't matter if she shows. You'll have to beat him, not her. His investigation and report should trump all.

Now, if neither show, you might have an out.Videlicet, your right to face your accusers.

Btw, if an attorney shows up to represent her, ... Unlikely. Traffic court is not a civil court. It's a criminal court. The only parties to the action are the state and the defendant. She doesn't have any right to an attorney.

Of course, since I am not an attorney, I could well be dead wrong.

[barn32]

I know that my case will be dismissed if the other party involved in the accident doesn't show up in court...I got into an accident that was not my fault. However, the other party said it wasn't his fault either. We went to court, and my insurance company had a reperesenative accompany me. (He could have been one of their lawyers, but I just can't remember--makes sense though.)

When the court date arrived, I was there but the other party was not. I assumed this meant that I won--but not so fast. My "lawyer" explained that his insurance company probably already paid, and so he got what he wanted, and that if I went ahead to see the judge I might lose and be found guilty.

It was a his word against mine kind of thing even though he wasn't there!

I took my "lawyers" advice and walked away. I regretted it though.

[thaskalos]

thaskalos,

I tried sending you a PM (unrelated to your accident), but your message box is full. Can you make some room so I can send a PM?

Thanks!

PS

Hope your accident had a good outcome for you.

Sorry about that...and I also apologize to anyone else who might have been trying to send me a PM. There is plenty of room in my mailbox now.

And yes...the court appearance went as I had hoped it would. The other party involved in the accident never showed up...and the judge handed me back my license while telling me to drive carefully and watch my speed. I assume this meant that my case was dismissed. :)

[highnote]

Sorry about that...and I also apologize to anyone else who might have been trying to send me a PM. There is plenty of room in my mailbox now.

And yes...the court appearance went as I had hoped it would. The other party involved in the accident never showed up...and the judge handed me back my license while telling me to drive carefully and watch my speed. I assume this meant that my case was dismissed. :)


Glad to hear about your court date... and your mailbox. :)

[thaskalos]

I got into an accident that was not my fault. However, the other party said it wasn't his fault either. We went to court, and my insurance company had a reperesenative accompany me. (He could have been one of their lawyers, but I just can't remember--makes sense though.)

When the court date arrived, I was there but the other party was not. I assumed this meant that I won--but not so fast. My "lawyer" explained that his insurance company probably already paid, and so he got what he wanted, and that if I went ahead to see the judge I might lose and be found guilty.

It was a his word against mine kind of thing even though he wasn't there!

I took my "lawyers" advice and walked away. I regretted it though.

Well...in my case, when the judge saw that there was no witness in the courtroom to testify against me...his exact words to the prosecuting attorney were: "Since the witnesses are not here...we will not proceed with this case at this time".

Now that I think of it...maybe I was hasty when I said that my case was dismissed. :)