Lawyer Up? Yay or Nay

[ADDirishboy]

He's your friend and he was in your car. His credibility is zero.

THIS.

In this situation, your friend isn't even counted as a witness. He's just a friend. He can say whatever the hell he wants. He can say that a deer ran out into the road and your only choice was to swerve to miss it. It doesn't matter. He knows you, so his word means nothing.

Honestly, and this is coming from someone who worked in insurance, there isn't a ton you can do here. You were involved in an accident. Someone has to be at fault. There is no such thing as a non-fault accident. Since you were the only car involved, it all falls on you. Doesn't matter the reason.

You lost control, that means you were doing something wrong. Take it with a grain of salt.

[Bubba1]

[quote="Chris28"]I

sorry about your loss, Chris.

I'm leaning with C-Kwik, first examine the ticket and find out exactly what it is. The type of charge and the potential fine/points. that'll determine whether you will want a lawyer in court. It certainly would not hurt to consult a lawyer upfront as he can better tell you the risks

It sounds like you were respectful with the cop. That should help you in court. If the cop does show up to court, you should have a chance to speak with him prior to the hearing. Many times he'll suggest a lesser charge against a first offender as you're already dealing with a big financial loss. The cop is usually looking for a win without drama, so a plea deal is very common. But remember it is at his and/or the judges discretion, not yours.
I also recommend you take Bex's advice and dress well when you go to court. That really can make a difference too.

I don't think bringing your friend will help all that much because of your relationship with him. He has a bias. But If he doesn't mind missing work to do it, it's good to have him with you for support.

But as far as the accident itself. Keep in mind despite not racing, despite not showing off, despite any mods you did, despite any track experience, despite being within the speed limit(?), you were guilty of driving faster than conditions allowed. You also didn't mention the speed limit or if this was a curve with a lower recommended speed. that could be important. For example, If the accident happened on a 50mph road but on was on a 35 mph recommended curve and you were doing 50 in slick conditions, it would be difficult to prove you were not driving too fast for conditions.

I see no reason to flame you about sounds like a simple accident. They happen. But Trosk, it's obvious you are a high school kid. Realize that someday, those very cops you hate might help you or save the life of someone you care about. Don't be such a turd.

Good luck, Chris28

[themadscientist]

Alright Im not going to argue with anyone. Its out there, and I will say it again, I hate cops

The next time you are the victim of a crime, don't call them. If they attempt to respond to any need you have, explain to them how you feel and refuse their assistance.
When you start risking your life daily for chump change, and for people who don't appreciate it and "hate" you, you can feel superior. Until then, I wish you ironic karma.

[ADDirishboy]

The next time you are the victim of a crime, don't call them. If they attempt to respond to any need you have, explain to them how you feel and refuse their assistance.
When you start risking your life daily for chump change, and for people who don't appreciate it and "hate" you, you can feel superior. Until then, I wish you ironic karma.

Agreed. I'm really sick of the "ZOMFG I GOT A TICKET COPS SUCK DERP!" fad. I agree that occasionally cops can give out tickets for BS reasons and act like jerks, just like EVERYONE ELSE.

I think what Trosk fails to realize is that this is a completely legit reason to get a ticket.

[PoorManQ45]

PLEASE get a lawyer. Being innocent is NOT a reason to feel comfortable with self-representation. The truth lies between a young car enthusiast and a police officer, and by default the police officer has more credibility in front of a judge.

He isn't innocent, so he definitely needs a lawyer...

He was driving too fast for the conditions, he admitted that. He knew it hadn't rained in weeks. He knew he welded the differential. He was not familiar with his new suspension. He also admitted he was driving the speed he would if the road were dry.

These all add up to reckless driving in my mind.

[ADDirishboy]

He isn't innocent, so he definitely needs a lawyer...

He was driving too fast for the conditions, he admitted that. He knew it hadn't rained in weeks. He knew he welded the differential. He was not familiar with his new suspension. He also admitted he was driving the speed he would if the road were dry.

These all add up to reckless driving in my mind.

In a very rare occurrence, I agree with PMQ.

[themadscientist]

I have finally figured out why I can't identify with young people who do much of the same dumb crap I did at that age. I didn't whine about being punished by the police or guardrails for my stupidity or try to shift blame. I accepted it as a fair result for MY actions. Much of today's kids want to blame everyone and everything but themselves; weak.

I survived the dumb years by being able to ride out wrecks and not repeat the behavior that led to it. Some of you guys are stacking the deck against you by repetition of the same dumb s***; not wise.

[flohtingPoint]

How crazy would it be if the cop or judge is a Nissan enthusiast and happens to see this thread?

Like everyone else said, get a lawyer. Dont sweat if it's going to cost more or less than the ticket, just follow advice and go about making phone calls to firms.

[ADDirishboy]

How crazy would it be if the cop or judge is a Nissan enthusiast and happens to see this thread?

Lulz

[HashiriyaS14]

PLEASE get a lawyer. Being innocent is NOT a reason to feel comfortable with self-representation. The truth lies between a young car enthusiast and a police officer, and by default the police officer has more credibility in front of a judge.

Decent legal representation could mean the difference between a small fine and amended charge or a month in jail.

^^
This

[PapaSmurf2k3]

I'd lawyer up... granted I'm from a wildly corrupt state where the judge won't even look at you, let alone listen to you if you don't have a lawyer. You have to play their game.

[Chris28]

Thank you for the replies everyone.

I realize what I did was my own fault, and I'm willing to accept the consequences, I'm merely asking for advice regarding legal representation. The definition of reckless is "lack of proper caution; careless of consequences." Though in most people's eyes (the officer, the readers of this thread, and most likely the judge) I did lack proper caution, but I was not careless of consequences. Had the consequences been known to me at the time, I would not have been travelling at that speed. I know hind sight is 20/20, but again had I known the consequences I would have acted differently.

TMS, I'm not trying to blame anyone else for my actions, I'm trying to see what the best way to go about the consequences of my actions are. This is the first time I've ever had an accident, and you can bet I'll never repeat the actions that led to this.

Bubba1, The road has no posted speed limit, so that can go either way. The pro is that I wasn't technically speeding, the con is that since I lost control of the vehicle I was obviously going too fast, i.e. speeding. I tried looking up the code on the ticket but to no avail. I'll keep trying however.

I will definitely dress well to court, I don't want to be put into the wrong crowd based on appearances alone. Slacks, button-down, and a nice sports coat will definitely be worn.

I am calling the lawyer suggested to me by the police chief on Monday morning when they open. Hopefully I can get something done quickly, as the court date is Wednesday.

Thanks again for the replies everyone, I'm glad that this thread hasn't turned into what most of these types of threads do.

[sbird1]

We live and learn. Good luck.

[TOMMY VERCETTI]

[ADDirishboy]

I realize what I did was my own fault, and I'm willing to accept the consequences, I'm merely asking for advice regarding legal representation. The definition of reckless is "lack of proper caution; careless of consequences." Though in most people's eyes (the officer, the readers of this thread, and most likely the judge) I did lack proper caution, but I was not careless of consequences. Had the consequences been known to me at the time, I would not have been travelling at that speed. I know hind sight is 20/20, but again had I known the consequences I would have acted differently.

I'm not saying you were careless to the consequences. And I honestly think you were being cautious. I don't think you did anything wrong. I just know how these things play out.

Good luck on the court hearing. Hopefully it gets dropped or lowered.

[bcar240]

Wait, are we forgetting something? Like C-Kwik alluded to, isn't reckless driving a criminal misdemeanor in Virginia (with up to $2500 in fines, possible license suspension, and jail time; not that all those would happen in this case)?

I think you should see a lawyer ASAP.

If your dad knows the chief pretty well, it might be time to call in a favor. Trust me, this stuff happens all the time, though it's better to know someone in the DA's office rather than the police because they have the direct ability to cut you deals. You don't just ask if you can throw it out, just if there is anything you can do to reduce the charges to help you out/not a misdemeanor.

Good luck and keep us informed!

[themadscientist]

TMS, I'm not trying to blame anyone else for my actions, I'm trying to see what the best way to go about the consequences of my actions are. This is the first time I've ever had an accident, and you can bet I'll never repeat the actions that led to this.

The comment wasn't directed at you.

[PapaSmurf2k3]

In all seriousness though... really no one should be driving a car with a welded diff on the street... especially in the rain.

[breadbox]

Was this in NC or VA?

[Chris28]

The comment wasn't directed at you.

Ah, carry on then

In all seriousness though... really no one should be driving a car with a welded diff on the street... especially in the rain.

I've gotten used to it, it just takes a different style of driving. Granted it is dangerous, this occurrence was like nothing that has happened beforem it slid out so fast. I might go back to the scene and see if there is anything in the road that could have caused such an unexpected reaction from the car.

Was this in NC or VA?

VA, right here in the 757.

[Chris28]

Today was court day, I had a lawyer, it was reduced from Reckless to Improper Driving, which is only a 3 point deduction and a $50 fine. My lawyer spoke with the police officer, who had basically decided to move it down to improper driving before even talking to the lawyer because I had a clean driving record, was polite, and was dressed well.

After court was adjourned, I spoke with the lawyer, and he told me never to make a statement regarded an accident. By writing a statement, I basically convicted myself since I said I was going too fast for the conditions. Had I just said "I don't know what happened," he wouldn't have had a case, even if he knew what had happened by looking at the damage. It's a gamble because if you claim uncertainty, you technically aren't being truthful and it can turn around and mean a harsher sentence if you're found guilty, but since there technically wasn't any evidence in my case (other than the totaled vehicle) there wouldn't have been a case.

A friend of mine hit a guardrail in the rain on the interstate and spun out, and said he didn't know what happened. He mentioned in passing that he hadn't gotten a lot of sleep the night before, and the cop wrote down "blackout" on the ticket. He ended up losing his license for 6 months as well as was required to take many medical tests seeing if he had a seizure or not, so it can go either way if you let the judge decide what happened.

Thanks for the replies everyone, I'm sure the lawyer helped somehow, as he knew the officer and the judge.

[breadbox]

sucks. But at least the state didn't get to screw you. What's going on with your 240? You need a shell to get it going again?

[Chris28]

Most everything is already switched to a new shell, all that's left to do is put my other bumper on for fmic clearance, and put my other fenders on for their less dented-ness. This new shell is in wayyyyy better condition than my old one, and now I have air conditioning haha.

[breadbox]

nice. You going to the nissan meet in NN on Aug 28?

Also I think my Driveshaft is F'd I get a lot of squeaking and vibrations like my bearing isn't sitting right, but I messed with it twice and still the same. I'm looking to 5speed swap it soon.

[Chris28]

Na, school starts on the 18th, I'll be back in Raleigh then. I have an entire 5sp swap for sale though if you want it, PM me for details lol. I'll even deliver it if you want.

[bcar240]

Glad things went somewhat good for you.

After court was adjourned, I spoke with the lawyer, and he told me never to make a statement regarded an accident. By writing a statement, I basically convicted myself since I said I was going too fast for the conditions.

I also learned this the hard way. It's a sad fact that you have to be selective with details because giving back story can be twisted to say just about anything.

[Jesda]

Thanks for the replies everyone, I'm sure the lawyer helped somehow, as he knew the officer and the judge.

That's really the key. They have strong familiarity with the other side. Congrats on the reduced penalty!

[Bubba1]

[quote="Jesda"]

+1 Well done getting it reduced.