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Old 04-08-2008, 07:33 PM
 
3 posts, read 12,007 times
Reputation: 11

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Hey guys, our daugther is a college student who just rear ended someone today...in attempt to merge into traffic she merely bumped the car in front and thank God no one was hurt nor was there any damages to either vehicle.

None the less the victim wanted to call the cops for a report, at which time our daughter was given a ticket for FOLLOWING TO CLOSE in (Hall Co.) The cop spoke with me and stated that if she went to court perhaps it would be thrown out due to no damages... and since she is under 21 he had to request the court date by LAW!

The court date is set for June at which time she will be studying abroad in China and can not appear she leaves in 3 weeks.

I have no problem with settling the ticket prior to but she is under 21 and I fear points. She is a great student and I don't want her to screw up her scholarships as well. Any suggestions?

Thanks in advance!

Last edited by Go girl... go!; 04-08-2008 at 07:45 PM..
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Old 04-08-2008, 08:09 PM
 
42 posts, read 186,071 times
Reputation: 18
Hire an attorney. I can recommend one - if you would like me to do so, just email me privately. The issue is that while the cars are unscathed, if the front driver wakes up with a slight neck pain tomorrow morning, your daughter might find herself in the unfortunate position of gravy train driver - o you want to make certain that you exercise every protection to which she is entitled. Do not depend on the other driver's assertions at the scene - people talk to their friends and suddenly you've gone from a smile and a handshake to "your daughter aggravated a slipped disc and I can never work again" - and you never know WHEN you might be sued above your auto policy limits.

I hate to sound all gloom-and-doom about the whole thing, but this is a very real potential scenario - you need to circle your wagons.
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Old 04-08-2008, 08:18 PM
 
Location: West Cobb County, GA (Atlanta metro)
9,188 posts, read 30,738,590 times
Reputation: 5171
Listen to the advice above, because pretty much everywhere in Georgia, the person who is driving behind is almost always found at fault in stuff like this. The [correct] theory being that if you're not following too closely you can avoid doing something like this, etc. As they said above, the fact that there are no damages now means nothing compared to what the driver may try later. Or, maybe you'll luck out and they'll drop it. The lawyer can maybe do something as per the court date because if not, China will have to be on hold unless she wants a "failure to appear in court" arrest warrant waiting for her when she gets home.

Get that lawyer.
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Old 04-08-2008, 08:55 PM
 
3 posts, read 12,007 times
Reputation: 11
Quote:
Originally Posted by vecchio View Post
Hire an attorney. I can recommend one - if you would like me to do so, just email me privately. The issue is that while the cars are unscathed, if the front driver wakes up with a slight neck pain tomorrow morning, your daughter might find herself in the unfortunate position of gravy train driver - o you want to make certain that you exercise every protection to which she is entitled. Do not depend on the other driver's assertions at the scene - people talk to their friends and suddenly you've gone from a smile and a handshake to "your daughter aggravated a slipped disc and I can never work again" - and you never know WHEN you might be sued above your auto policy limits.

I hate to sound all gloom-and-doom about the whole thing, but this is a very real potential scenario - you need to circle your wagons.
My father and are both lawyers... covered there. Just curious about the points.

Thanks!
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Old 04-09-2008, 01:02 AM
 
1,755 posts, read 5,105,864 times
Reputation: 551
This won't effect scholarships as it's a misdemeanor

I think it's a 2 point ticket. Check here http://www.dds.ga.gov/business/2007_TrafficCourtRM.pdf

By law, in the state of Georgia the person in the rear is at fault. They don't have to give a ticket but they certainly won't give the person in front one.

Why are you so concerned with points?

You have to get like 21 points in a 2 year period to lose your license. The big one that they stick to under 21 people is the 20+mph over speed limit. That's when they get their license suspended for 6 months (still it's just a misdemeanor).

If you're concerned about insurance, many people think that points on a license equal increased insurance rates. That is not how it works. When your insurance co. renews your policy, they may (not always) pull your MVR (Motor Vehicle Record). If they see your tickets, it's up to them to raise your rates regardless of the points that came with the ticket.

The courts do not notify your insurance company either as many believe.

For instance, I received a big speeding ticket but got it dropped down quite a few mph's by going to court without a lawyer. I called my insurance co. to ask what would happen if this happens......... to see what I needed to get the ticket down to, to not take a big hit.

They said anything 25mph over the speed limit, I'd take a big hit. So I got the court to lower the ticket and fine.

My insurance company told me they hadn't pulled my MVR in 3 years. Since the ticket, my policy has been renewed twice (every 6 months) and they have not pulled my MVR.

Tickets only stay on your MVR for 3 years. So if they check my MVR this next time, I'll only have 1.5 years of penalty on my insurance.

You really don't need to spend money on a lawyer for this. I'd call the solicitor and ask what they can do/offer after the ticket gets posted to their system. You might even get it handled w/o going to court.

If you do have to go to court many courts allow you to plea no-lo and not receive points on your license. Just the fine. However, the ticket still goes on your MVR so you could have 0 points on your license yet rates go up. I hear other counties offer the driver to take defensive driving class to forgive tickets, think it's a 6 hour class on Saturdays at many DUI schools.

Approved DUI/Defensive Driving Schools

If the solicitor doesn't mention this, try offering it. You may get the ticket dropped and a credit from your insurance company at the same time

And many courts also allow 2 continuances to move your court date as that is a concern for you.
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Old 04-09-2008, 08:07 AM
 
3 posts, read 12,007 times
Reputation: 11
Thanks... great info, I spoke with the Clerk of courts already and they want have the cost ready until the week before the court date, at that time I will call back and simply pay it. She was worried about the points from speaking with other students at the college so it was a minor concern. I'll try this!
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