I recently got into a car accident, my fault, as I rear-ended someone. The police officer gave me a ticket for careless driving, and told me to give him a call if the brakes were the problem and he would dismiss the ticket. After getting proof that the brakes were indeed the cause of the accident, I called the number he gave me only to find that he no longer worked for that police department. I contested the ticket, but now I'm wondering if court will go like other moving violations; an officer doesn't appear as a witness to the violation, then you win the case. Is this true with an accident?
Answer:
If the officer doesn't show up, there will be no witnesses and you could get off.
Only if you contest the facts of the report and plea not guilty. Then he must go to court and the findings always goes in favor of the police officer.
its still your resposibility to make sure your car is road worthy so you should get the ticket for driving without due care and attntion!
this is question for a real lawyer.
my understanding is the ticket maybe should have been dismissed on no show by the accuser..
and at least plead no contest for purposes of accident fault.
if its a no fault state may not matter.
but again its unclear whether you'd be at fault fro not keeping up on car maintenance or if it was a problem you couldn't have known. or should have known.. etc..
but fro sure..
accident and ticket are two very separate matters.
In most cases like this when an officer leaves he wraps up all of his open cases by giving an affidavit which is acceptable as his testimony in court. The one thing in your favor is that it's usually easier to defeat an affidavit than the officer himself.
if he doesn't show you can win the case! he is ordered to court the same as you and he is the states only witness against you!
Officer has to appear or it will be thrown out. You have a right to be heard and he is the accuser.
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