Hey..

I'm kinda down to the wire [the lawyer connections of my friends seem to be down because it's this time of year..]
So, here's the quick version.

I was driving down a street toward an intersection, stopped, didn't see anyone at the intersection before me, and started making a left turn and got hit by a Suburban [my front passenger qtr panel], it span me 180 deg and my FTP lens on the driver's side was obliterated by a trimet bus sign.

So of course, someone or other called the police who showed up, checked out the scene, spent about a minute or two listening to what I thought happened then spent the rest of the time talking to the suburban driver and some other lady [the other lady had run over to me and started yelling at me that I was speeding, even though it was impossible for her to have even seen me going down the road towards the intersection, and impossible for me to be speeding from the stop sign.. - of which I was of course doing neither]. I also had a friend following behind me at a little distance who could confirm that I was NOT speeding.

So, after spending a lot of time talking to them, they printed out a citation for me, claiming I was "careless driving", with a 427$ fine..

But I'm not sure what to do - the court date is 1/2/08 at 1:30pm.. I have two friends who have lawyer connections, but both of their lawyers are on vacation right now..

Should I plead innocent of careless driving because I thought it looked like a 4-way stop, or should I plead guilty because I was technically at fault..? I've heard of people having to go to some "scare you" school to try and make you a timid driver and get keep them from putting the cite down

:/ I *can* survive a hit to my insurance rates if I *have to*.. but of course who would WANT to..

I've never had any speeding tickets, citations or anything in the past [driving since I was 15, now I'm 20 and I'll be 21 in Feb.]

I really appreciate any advice.

Thanks,
-Derekcat

 

Well depending on whether or not your hearing is a mitigation or a contest... I'd take your witness and try to at least get the fine reduced, because it was a collision you can't plead "innocent" because it was determined you were at fault... You didn't have the right of way it sounds like, which would indicate that it WAS your fault and no one else's. I would tell your story of not speeding and not running the stop sign and have your witness coraborate that and you should be able to get the fine reduced without a hitch if you have a clean record...

 

yea i would do the same, your obviously "busted" so now its a thing of trying to knock the ticket down, you cant get out of it. Bring a witness to confirm that you were not speeding and the lady was a crazy bi#$. thats about all u can do

 

do you have the option to use a deferal ?

you state that there is no other tickets on your record, this would be a good time to use the defferal

 

I don't think you can defer a collision, Aaron... That's the only reason I didin't mention it as an option

 

Im not sure either but the term 'careless' driving could be many things other then a collision. I m not sure, looking back his court date was today lol.
A Day Late And A Dollar Short

 

Ok, well I talked with the people I could.. I decided to plea not guilty.

the law reads: "ORS 811.135 is amended to read:
811.135. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.
(2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation."

up to 14 days before the snailmail me the court date.

Gotta start planning for stage 2 :/

 

Sounds to me as if you are toast. Under section (1) above, you did operate your vehicle in such a manner that was likely to cause endanger person or property. Just look at the condition of your car, the Suburban, and the sign. That definition actually could apply to just about any action of a driver that either violated traffic laws or resulted in an accident.

I sure wish you the best of luck.

 

And in section two it points out that such offense causing a collision is a Class A offense... You did cause the collision as you did NOT have the right of way. Good luck with your contest...

 

If it were an indisputable offense [say.. failure to yield]. I probably wouldn't have a choice.

But I'm not careless with my cars. In one of my lowest points when I hated myself, the world and everything, *all* I could do was promise myself I wouldn't hurt the car, since it didn't deserve it.. [as I drove about 40 min away from anyone I knew]
:'( [..I am teary about this right now, since I wound up failing it..]

I don't think it would be a good idea to bring up the subject of the questionable condition of the car - but I'd say it probably was a contributing factor - ALL of the defrosting systems on that car were shot, the driver's window worked so I was able to remove the tinting [tinting is $*&^, and should be banned] on that side but not the passenger's side.

Still, it appeared from my look that it was a normal four way intersection [btw, shouldn't it be a law that all, all way stops should be LABELED? stupid freakn signs.. literally, half of the all way stops in Tualatin, or where I live are unlabeled, so there was nothing unusual about an intersection lacking the little lower sign]

I'm going to go try and cheer up again.. Thanks for wishing me luck.
I'll let everyone know how it turns out.
</rant_of_the_day>
-Derekcat

 

ps.. im not trying to say i didnt make a mistake..
I get to regret it every time i have to walk into our garage..

i dont know why theyre so stupid as to think thats not enough punishment

 

I understand what you are saying and I really do wish you the best. I just wouldn't get my hopes up. Still, it may just be a case of convincing the judge that you weren't acting recklessly in the non-legal sense and he/she may reduce the fine or change the conviction to a lesser traffic offense. Generally however, any time things get bent, the law looks at is as reckless.

When I was 16, I totaled three cars in one incident. I'm still embarrassed about that over 33 years later. Two of the cars I totaled were owned by a gentleman who is now a patient of mine.

 

your legal right is to fight it... you';ve paid enough by losing your car.


I think dhays above hit the nail on the head... if you aren't going to use a lawyer, then at least tell the judge your story, explain that you realize you messed up but you didn't believe at the time that your actions were careless, you were just misinformed abuot the situation, maybe take some pictures of the intersection or some diagrams or whatever. I'm not the best at fighting tickets, but lawyers are.