Careless Driving Ticket Questions (apartment, lawyer, live)

[kaileyb00]

I was parallel parking outside of my apartment around 8 pm one night. I drive a small black Nissan, and the truck I was parking behind is a custom made truck. The bumper was self installed, about 8 inches in diameter, and made of cement. I did not see the bumper, as it was hanging lower than the base of the truck bed. The passenger bumper of my car got caught on this bumper, and it ripped through and crumbled my bumper like it was made of aluminum. I called AAA to move my car off of the truck bumper, and the police as required by AAA. No damage was done to this truck or bumper, but my car will need an entirely new bumper. The cop sat wrote me a ticket for careless driving, with 4 points being applied to my license. I find this a bit ridiculous since no damage was done except to my car, and had it been any other bumper it would have barely brushed the side, MAYBE causing minimal paint chip. I have a court date in two weeks. Should I get an attorney to help dismiss this ticket? Could the judge possibly dismiss the ticket? Is there anything I can do? Or should I just go to court and accept what they give me. I have a perfect driving record and am new to all of this.

[livecontent]

All bumpers lay below the level of the truck bed, or how would anyone be able to slide something into the truck. You hit it and it is your fault. Just go to the court and ask for the ticket to be reduced.

You do not get a lawyer for such a minor issue. Hiring a lawyer is not going to be an advantage because you are not in danger of losing your license. The cost of the lawyer will be more than the fine which you can reduce yourself.

Just be honest to the judge and stop blaming the other owner of the truck and making excuses. Be apologetic and just say it was dark and I failed to see the bumper. Dress well and be well groomed. Be pleasant, sweet and respectful. Make the judge feel that you are a very good person. The judge will know your good driving record and you have good chance to have the points reduced.

Livecontent

[sunsprit]

You wrote:

"Is there anything I can do?"

Yes.

You didn't mention in what jurisdiction you got the ticket ....

but in most municipal court systems in the area, you will have an opportunity to meet with the attorney's office before the actual hearing in front of a judge. You may have to ask to meet with them to discuss the case, but this is your best opportunity to be pro-active about seeking the easiest resolution of the ticket.

"careless driving" is a catch-all ticket, with a lot of discretion in the hands of the officer to write it. Given that you were in a single-car incident with minor damages, it was an easy ticket to write.

But in view of your otherwise good driving record, a city attorney's office may agree with you that the 4-point ticket is a little harsh. Explain to them that you made a mistake, didn't see the unusual bumper on the vehicle you hit, and ask if they can consider a plea bargain to a lesser charge ... perhaps an obstructed windshield or comparable citation.

Put this in perspective ... legal bumpers are configured to be a protective device within certain design parameters; ie, they are built to allow you to "touch" without damage to either vehicle. My bet is that for your car to have become entangled with the concrete bumper at slow speed where your car could not detach itself suggests that the other bumper was not built to normal (if even legal) standards.

The advantage to you is that several of these lesser citations carry 0 points, although will still have a minor fine and court costs penalty. The advantage to the city is that they can quickly dispose of the case, don't need to waste a lot of time and resources on a hearing, the citing officer doesn't need to make a court appearance, and the city still gets some cash inflow while making the point that you should have been more careful in your driving.

In my experience, most city attorney's office will jump at the chance for such an easy resolution of the ticket. Some will even have determined in advance for someone with a good driving record that this approach would be the most expedient and fair way to resolve the ticket as written if you would but approach them in advance of the hearing to see what they can do for you. Be polite, contrite, and ask how you and they can reach a mutually beneficial resolution of the ticket ... and don't wait until the last minute before your scheduled appearance. You want to give the attorney's office the best opportunities to resolve this without any more effort than needed to reach a plea bargain.

You have nothing to lose by taking this approach, and everything to possibly gain. Well, almost everything ... the city isn't going to completely drop the ticket, but they're generally willing to compromise to fairly minimal penalties for the sake of expediency with an otherwise good driving record driver and a minor situation to resolve.

Consider that if you bring in a lawyer from the outset, then you've put them on notice that a fight is in the offing ... which may not necessarily put them in a mood to compromise. The attorney may be able to get the same disposition of the ticket as you can do on your own, but at substantial expense to you. Save the use of an attorney for when the situation is more serious, such as an injury accident or one where there's major damages involved, where the attorney fees are justified for the prospective outcomes involved. This isn't one of those times.