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I was in a car accident

Started by Samus Aran, December 29, 2016, 07:48:09 PM

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rdl


FAMY2

Well judge he doesn't remember so he's got to be guilty. One witness ( some Joe blow) estimates 45 to 50. So... one I don't remember + one witness guessing = guilty.  smh

Samus Aran

to be fair, that joe blow's estimate is probably pretty accurate considering he was driving thirty yards behind me

Daddy

if there's one eye witness and his estimate is that you were going only 75-83% of the posted limit, i.e. you reduced your speed by 17-25% of  the posted limit in icy/snowy conditions

I would think that's sufficient.

strongbad

You'd think that what you've endured is more than enough punishment. That fucking sucks dude

Travis

Quote from: Shinobu Oshino on February 24, 2017, 07:01:24 PM
So I called my public defender today. He went through all the records and witness accounts and such with me. Basically what it boils down to is that the state thinks I should have been going slower considering the icy conditions. A witness account estimated my speed at 45-50. It was a 60 zone. So I was going under the speed limit already due to icy road conditions. But shit still happened.

There's two reasons I can't really dispute this. One is that I don't remember the incident, so I can't just say I was going slower than estimated. Cause I really don't know for sure. The second is that, if I were to say that the 45 I may have been going was "slow enough" given the conditions and that I was driving with due care and shit just happened...well, it just wouldn't fly. It would be extremely, extremely unlikely for this sort of defense to hold up, according to my public defender.

There's really no choice for me but to do a no contest plea. Basically, I don't remember the incident so I can't dispute nor confirm the reports and witness accounts. I'll be found guilty, but hopefully the punishment won't be too harsh.
i don't get this at all

you were going well below the speed limit and they're still trying to say you were careless? that's completely fucked, if i was you i'd be fighting that shit tooth and nail. i absolutely would not roll over on a bullshit claim like that

FAMY2

Did anyone else get hurt? I can't remember.

Samus Aran

Yes, the three people in the Silverado sustained minor injuries and more than enough property damage (the truck as well as the ice fishing house they were towing)

Also, while the idea of fighting it tooth and nail (like taking it to an actual jury trial instead of just traffic court) sounds nice, if it goes south in the end I'll just wind up being punished more harshly. Plus, it's more than a little difficult to argue I was "driving with due care" when I ended up getting in an accident and endangering life and property anyway.

FAMY2

I guess I am assuming everyone was going about the same speed. If so imo going any slower would of been more of a hazard.

You sure are in a tough spot Kaz with not much choice.

Travis

Quote from: Shinobu Oshino on February 26, 2017, 09:57:02 AM
Yes, the three people in the Silverado sustained minor injuries and more than enough property damage (the truck as well as the ice fishing house they were towing)

Also, while the idea of fighting it tooth and nail (like taking it to an actual jury trial instead of just traffic court) sounds nice, if it goes south in the end I'll just wind up being punished more harshly. Plus, it's more than a little difficult to argue I was "driving with due care" when I ended up getting in an accident and endangering life and property anyway.
shit happens dude, you can take all necessary precautions but still slip on ice. what more could you have honestly done?...... driving is dangerous in even the most perfect conditions. also, what kind of punishments are you looking at here?

Samus Aran

iirc it wouldn't be more than a few hundred dollars worth of a fine. that's what my defender predicted at least. but I guess it's hard to be sure.

Given the situation, with the vagueness of the charge against me as well as all the shit I've had to deal with, hopefully the state prosecutors and judge will go easy on me.

FAMY2

This just floors me. In Michigan if you get a ticket you can contest it. Then there is a hearing between you, the cop who gave you the ticket and a magistrate. If the cop fails to show up it's dismissed.If the magistrate thinks you are guilty then you can go before a judge. If the judge thinks you are innocent the whole thing is dropped.

You would be surprised how many times the cop never shows.

Samus Aran

Its over. I entered a "no regard" plea, which is basically the no contest I mentioned on the previous page. $285 fine plus surcharges and defender's fee, which came to $410 total. Unsupervised probation for one year.

TooB

Quote from: Shinobu Oshino on February 28, 2017, 12:49:58 PM
Its over. I entered a "no regard" plea, which is basically the no contest I mentioned on the previous page. $285 fine plus surcharges and defender's fee, which came to $410 total. Unsupervised probation for one year.
what the fuck....

I'm curious, what exactly is unsupervised probation? Like how do they enforce it? I'm unfamiliar

Samus Aran

Quote from: Big Goop on February 28, 2017, 12:54:00 PM
Quote from: Shinobu Oshino on February 28, 2017, 12:49:58 PM
Its over. I entered a "no regard" plea, which is basically the no contest I mentioned on the previous page. $285 fine plus surcharges and defender's fee, which came to $410 total. Unsupervised probation for one year.
what the fuck....

I'm curious, what exactly is unsupervised probation? Like how do they enforce it? I'm unfamiliar


It just means I have to stay law abiding for a year. I don't have to report to a probation officer or anything.

Also, said fee is pretty small honestly so I guess Im at least happy about that

Also also, apparently it's "norgaard" plea, not "no regard" lol

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