Can I win in Court?

[TallCoolOne]

OK, last Thursday i was in a wreck. I was stuck under the traffic light trying to make a left, then the light turns red. I have cars behind me so i cant back up, so i make a left turn to clear the intersection, when a guy runs the red light and clips me. Cops show up FINNALLY after 30 minutes. HERE is where the story takes a nasty turn:

1. The cops get out of the car take one look at me, and begin talking to the other driver asking him his side of the story.
2. The cops FAIL to aske me my side of the story and if i was injured or required ANY sort of medical treatment.
3. The cops issue ME ONLY a citation for failure to yeild.
4. After being issued the citation, i call my dad and tell him, then hang up after i am through, i left my flip phone open and just slippe dit into my shirt pocket as i saw the cops getting in their car, so i quickly run over and begin asking them about georgia laws, they say the judge can explain things better to me, so i ask them AGIN about laws and he starts to answert then, ssays: "Im not going to answer you if that phone is open." then speeds off, no lights or anything, i start yelling ast him to stop and start serving the community by talking to me and he just raises his hand as if to dismiss me.


I know i'm going into court to fight this injustice. I want to know my odds of winning. My friend had almost the EXACT same thing happen to him, and he won, got the citatiuon REVERSED and was awarded $2500. What are my odds?

[ghosty]

get a good lawyer and you could make a decent case, especially if they never came and adressed you

[FloydFan]

I'm not a legal expert, but I encourage you to fight it. Were there any other whitnesses that were in your vehicle or anyone else that was there that you know? I don't have any good legal advice, I really hope it works out in your favor....

[PaRanOiD81]

You could get a good lawyer, and get his fees paid for and the citation reversed. He would get the ticket for running the light. But remember one thing they could string it out a long time, you can't, unless they pick up the tab in the end.

Also, the big thing is, its who has more witnesses? Because its your word against theirs. Also, another thing to add is, just ask a few lawyers and ask them their professional opinon, but you do have a case. :) Best of luck, I had a inncident similar to that in jersey and it was ruled a 100% my fault but then it got overturned to a 70/30 in my favor, so fight that shit bro ;) good luck again

[KingOfMyWorld]

Depends on the county really, in Gwinnett we've been in numerous left turn accidents, and ALWAYS the person turning left is charged no matter what, it's a horrible injustice, but it happens. And there is this old judge, he doesn't listen to you, if the cop shows up, he says you're guilty and fines you, bastard.

If you get a good lawyer, chances are they will dismiss it because a lot of times they don't want the hassle of a trial and the cop who cited you will lose time because he has to be in court too and he'll want it over. If you just show up to plead your case, chances are they won't even listen, state of Georgia is bullshit, and will do their best to get you, they love that money money.

I hit t-boned a cop because he ran the red light, they didn't charge me or anything, but the Sgt of the precinct told me point blank it was his officers fault and wrote it on the report, when I picked up a copy of the report, they reported the shit as my fault and I received an official warning.

Sorry to say, you can't trust a GA cop.

[TallCoolOne]

Depends on the county really, in Gwinnett we've been in numerous left turn accidents, and ALWAYS the person turning left is charged no matter what, it's a horrible injustice, but it happens. And there is this old judge, he doesn't listen to you, if the cop shows up, he says you're guilty and fines you, bastard.

If you get a good lawyer, chances are they will dismiss it because a lot of times they don't want the hassle of a trial and the cop who cited you will lose time because he has to be in court too and he'll want it over. If you just show up to plead your case, chances are they won't even listen, state of Georgia is bullshit, and will do their best to get you, they love that money money.

I hit t-boned a cop because he ran the red light, they didn't charge me or anything, but the Sgt of the precinct told me point blank it was his officers fault and wrote it on the report, when I picked up a copy of the report, they reported the shit as my fault and I received an official warning.

Sorry to say, you can't trust a GA cop.

it happened here in fulton, do u know anyhting about the fulton judge? god i hate cops in genreal, esp ga cops!

[geonagual]

You could probably get it dismissed..Maybe..you were in the intersection..was the others car light really read..cause if that is the case then you did nothing wrong..but if you were caught in the middle of the intersection, your lights red, his is green..you may have a problem..did you get any witnesses? as far as them addressing you, you shouldnt of waited till they were done and start asking questions..

[TallCoolOne]

You could probably get it dismissed..Maybe..you were in the intersection..was the others car light really read..cause if that is the case then you did nothing wrong..but if you were caught in the middle of the intersection, your lights red, his is green..you may have a problem..did you get any witnesses? as far as them addressing you, you shouldnt of waited till they were done and start asking questions..

The light turned red on both sides, and he ran it as i was clearing the intersection. No witnesses have came forward, BUT most cops do have cameras in their cars, so they should have video footage of the cops driving off from me as i was aksing questions. Quite suspicious if you ask me.

[ghosty]

While that may be true, I highly doubt they'd be willing to share that footage with you, even in a court debated issue. You have a valid case, it's just probably going to be very hard to make it.

[TallCoolOne]

While that may be true, I highly doubt they'd be willing to share that footage with you, even in a court debated issue. You have a valid case, it's just probably going to be very hard to make it.

That night i did report the two officer's conduct to their supervisor, in which we talked on the phone about it. He said he'd look into it.

[rantingsweed]

isn't it if you are already out in the intersection waiting to turn left you have to go once the light turns?

[KingOfMyWorld]

isn't it if you are already out in the intersection waiting to turn left you have to go once the light turns?

From all accounts I know of, if there is a turn lane and a through lane, you aren't supposed to pull into the intersection waiting for traffic to clear so you can go. If it's just a regular lane with no turn lane, then it's acceptable.

I've never been in trouble in Fulton, so I'm not sure how they will handle this all.

[TallCoolOne]

While that may be true, I highly doubt they'd be willing to share that footage with you, even in a court debated issue.

Whats the point of the footage then? Please tell me the its another reason i hate cops...

[birdgirl73]

They'll share the footage. They're required to. It's public information since they're public servants supported by your tax dollars and since this case involves you. Now they may not just hand you a video cassette and let you go watch it. The police departments that I've known best (by virtue of my paramedic years) always invited interested parties in to review the videotapes with them. If they give you the least bit of resistance about requesting or viewing the videotape, you can file under the Open Records Act. If it's a small-town department, you or your attorney might well have to threaten that.

OK, one thing at a time. 1. The police questioned the victim first. That's standard operating procedure. They always question victims first, whether it's motor vehicle accidents or domestic violence or criminal investigations. They can tell who's the victim in car accidents because they've had lots of traffic and accident-evaluation training and because they've seen the same accident probably about 1,999 times before.

"But he ran the red light and clipped me!" That may or may not be true. Most standard four-way intersection light sequences end the left-turn green in the opposing direction and then have at least a three- to seven-second delay before the light governing the opposing straight-ahead traffic turns yellow, then red. So the guy that clipped you might have still had the right of way on a green, or even yellow, light. Just because your left-turn lane had gone to red doesn't necessarily mean the opposing through-traffic (straight) lanes had a red, too. Witnesses or intersection indicator lights can verify whether he ran a red. If that's a busy intersection, it may have traffic cameras. Nonetheless, there's no doubt that you're the one who failed to yield. Which was why he questioned that other guy, the victim, first. 3. And why you got a citation.

2. The fact that they failed to ask your side of the story or ask you if you needed medical attention is a little strange. But it's not unheard of. I'm guessing it wasn't all that bad a wreck because witnesses on cell phones would have had ambulances there long before the police arrived if there'd been a question of injuries. The police are all trained first-responders themselves and can tell when people are hurt.

4. They wouldn't talk to you with your phone out of your pocket like that because they didn't know if you were taking pictures or videotaping them or had a lawyer listening on the other end of the phone. That's probably their standard approach. Even if it isn't, you were standing out there yelling while he had the ability drive off. You always get a lot further with police if you don't yell at them.

I knew when I read the line "I'm going to go to court to fight this injustice" that you must be fairly young. Only a youthful idealist would even attempt it. No matter what you do, you'll be at a disadvantage. You did fail to yield, and for an effective fight you will need an attorney to represent you, which is going to cost WAY more than it would to simply pay the citation fine, pay your deductible for the repairs, and move on. Sorry to have to tell it to you straight like that, but justice in this case is likely to disappoint you (or make you or your parents much poorer first, then disappoint you). Just pay the fine and don't pull out into intersections like that any more. Had that other car t-boned you instead of just clipping you, you might not have lived to tell this story. Glad you're OK!!

[TallCoolOne]

They'll share the footage. They're required to. It's public information since they're public servants supported by your tax dollars and since this case involves you. Now they may not just hand you a video cassette and let you go watch it. The police departments that I've known best (by virtue of my paramedic years) always invited interested parties in to review the videotapes with them. If they give you the least bit of resistance about requesting or viewing the videotape, you can file under the Open Records Act. If it's a small-town department, you or your attorney might well have to threaten that.

OK, one thing at a time. 1. The police questioned the victim first. That's standard operating procedure. They always question victims first, whether it's motor vehicle accidents or domestic violence or criminal investigations. They can tell who's the victim in car accidents because they've had lots of traffic and accident-evaluation training and because they've seen the same accident probably about 1,999 times before.

"But he ran the red light and clipped me!" That may or may not be true. Most standard four-way intersection light sequences end the left-turn green in the opposing direction and then have at least a three- to seven-second delay before the light governing the opposing straight-ahead traffic turns yellow, then red. So the guy that clipped you might have still had the right of way on a green, or even yellow, light. Just because your left-turn lane had gone to red doesn't necessarily mean the opposing through-traffic (straight) lanes had a red, too. Witnesses or intersection indicator lights can verify whether he ran a red. If that's a busy intersection, it may have traffic cameras. Nonetheless, there's no doubt that you're the one who failed to yield. Which was why he questioned that other guy, the victim, first. 3. And why you got a citation.

2. The fact that they failed to ask your side of the story or ask you if you needed medical attention is a little strange. But it's not unheard of. I'm guessing it wasn't all that bad a wreck because witnesses on cell phones would have had ambulances there long before the police arrived if there'd been a question of injuries. The police are all trained first-responders themselves and can tell when people are hurt.

4. They wouldn't talk to you with your phone out of your pocket like that because they didn't know if you were taking pictures or videotaping them or had a lawyer listening on the other end of the phone. That's probably their standard approach. Even if it isn't, you were standing out there yelling while he had the ability drive off. You always get a lot further with police if you don't yell at them.

I knew when I read the line "I'm going to go to court to fight this injustice" that you must be fairly young. Only a youthful idealist would even attempt it. No matter what you do, you'll be at a disadvantage. You did fail to yield, and for an effective fight you will need an attorney to represent you, which is going to cost WAY more than it would to simply pay the citation fine, pay your deductible for the repairs, and move on. Sorry to have to tell it to you straight like that, but justice in this case is likely to disappoint you (or make you or your parents much poorer first, then disappoint you). Just pay the fine and don't pull out into intersections like that any more. Had that other car t-boned you instead of just clipping you, you might not have lived to tell this story. Glad you're OK!!

Thanks for the help, but you really should read what i wrote more carefully. First things first I said WHAT i was going to do, not if i should do it, i specifically asked for my odds. Also, i said i began to yell at him to stop AFTER he spead away. Please Birdgirl, I know the older generation know everything, but at least youthful idealists READ fine print! lol jk

[obxguy86]

I hate cops, most are arrogant and on a power trip. Good Luck in court Tall!

[birdgirl73]

Thanks for the help, but you really should read what i wrote more carefully. First things first I said WHAT i was going to do, not if i should do it, i specifically asked for my odds. Also, i said i began to yell at him to stop AFTER he spead away. Please Birdgirl, I know the older generation know everything, but at least youthful idealists READ fine print! lol jk
Tall, I did read the "fine print" carefully. That's why I was being candid with you. Now I'll be even more candid since you didn't seem to glean this from what I said earlier. Your chances are next to zero of winning any satisfaction whatsoever. It would amaze me if anything having to do with this situation ever made it to a courtroom in the first place. Even if it did, you'll need to be a wealthy young man to get it up the steps of the courthouse. Only an unethical attorney would take your money to pursue a complaint in the first place.

I don't speak here as a member of the older, know-it-all generation. I speak as someone who earned a juris doctor degree with high honors from Southern Methodist University in 1986. Also as someone who, during the years from 79 - 87, worked hundreds of traffic accidents as a professional fire-rescue medic, including numerous instances of testifying in court about them. I'll be more than happy to share my bar-card and legal certification numbers or my EMT-P credentials with you via email if you'd like to confirm them. This is why I can, with great certainty, give you the "next to zero" odds on your chances. I only included the words "next to" to give it to you more softly.

I increasingly find myself wishing that I hadn't wasted my breath. I should have instead looked into buying tickets to watch the derisive-laughter reactions of paralegals, attorneys and court clerks after they evaluate your "case" for evidence of a pursuable action.

[TallCoolOne]

Tall, I did read the "fine print" carefully. That's why I was being candid with you. Now I'll be even more candid since you didn't seem to glean this from what I said earlier. Your chances are next to zero of winning any satisfaction whatsoever. It would amaze me if anything having to do with this situation ever made it to a courtroom in the first place. Even if it did, you'll need to be a wealthy young man to get it up the steps of the courthouse. Only an unethical attorney would take your money to pursue a complaint in the first place.

I don't speak here as a member of the older, know-it-all generation. I speak as someone who earned a juris doctor degree with high honors from Southern Methodist University in 1986. Also as someone who, during the years from 79 - 87, worked hundreds of traffic accidents as a professional fire-rescue medic, including numerous instances of testifying in court about them. I'll be more than happy to share my bar-card and legal certification numbers or my EMT-P credentials with you via email if you'd like to confirm them. This is why I can, with great certainty, give you the "next to zero" odds on your chances. I only included the words "next to" to give it to you more softly.

I increasingly find myself wishing that I hadn't wasted my breath. I should have instead looked into buying tickets to watch the derisive-laughter reactions of paralegals, attorneys and court clerks after they evaluate your "case" for evidence of a pursuable action.

LOL, tickets to court?

[TallCoolOne]

LOL, tickets to court?

Should I scalp tickets to pay for my citation fee?

[DemoCommando]

Tall, Birdgirl is helping you out so you don't waste cash. Don't insult the people who try to help you or you won't get help with this at all.

Don't bite the hand that feeds you.

When I read that he ran the light and clipped you, it's usually that the other light it orange or green still, the lights do change that way.

Pay the citation, repair your car move on just like birdgirl said. An attorney for this little shit will cost thrice as much as the repairs and ticket.

Dave

[birdgirl73]

I don't have any question that TallCoolOne might have been wronged, both if the car that hit him ran a red light and by the police officer who drove off with stopping to check on him or answer questions. But being wronged and having an actionable legal case are two very different things. That's often hard for people to hear, especially when they're mad.

What it sounds a lot more like Tall has is a justifiable complaint to the sergeant, lieutenant or captain of the traffic division of the police department that responded. By lodging that complaint to the right person at that PD, he might have the opportunity to review any dashboard cam footage from the patrol car and also to go on record about that officer not being as courteous as he should have been. Those things aren't grounds for a plaintiff's action, but good departments do listen to feedback like that when it comes in and note it down for when that officer's performance review rolls around.

[Zohar]

Calm down man, listen to Birdgirl. She definitely seems to know her stuff, review the facts. Sometimes it sucks to be wrong in life, but you look like a fool if you argue against the fact. I've done dumb stuff like too, accidents happen.