Ideally I Would Rather Go Back In Time Actually

May 31, 2011 5:42 AM

What should I do about my ticket? Illinois resident. Chart included!

I got a ticket recently. I was pulling out of a parking lot, turning right on to a two-lanes-each-way road into the direction of traffic. A truck hit my car, and we both suffered some damage. He says I pulled into his lane, where he was on the left. I say I pulled into the right lane and he must have been switching lanes and switched into me. The cop, seemingly reluctantly, gave me a ticket because I was exiting a private drive.

My insurance company, incidentally also his insurance company, sent out an inspector who surveyed the damage and decided I am at majority fault. I paid my deductible to get my car back from the repair shop.

I am trying to decide if I should go to court over this or not. The ticket is something I could pay out of pocket comfortably. A lawyer may or may not be worth the money. I have heard from several people who have gotten tickets that their lawyers didn't do anything for them, really. I have never had a ticket and I am not sure if I should go to court, since the other driver might not show up and therefore maybe it will be dismissed. On the other hand, I don't want to go and discover that I have to pay the ticket anyway, and then a lawyer, and then the lawyer did nothing for me, and I can't afford the lawyer and the ticket. What should I do? Any advice for a (potential) first time court-goer?

Throwaway email: [e-mail]


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W.................
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....Him..........E
--- ME----Me(after)----HIM(after)
Parking lot

posted by anonymous to Law & Government (11 answers total)

Many lawyers will give you a 15 phone call for free and will let you know if there is a reasonable chance that you can prevail in court. I have a friend that is a traffic attorney and his ability to get people off on a technicality is almost a little scary sometimes. But he is VA, so that doesn't help you.
posted by COD at 6:01 AM on May 31, 2011

Sounds to me like you're at fault.

I would not hire a lawyer, at least absent a free consult and explanation of how they can help.
posted by J. Wilson at 6:07 AM on May 31, 2011

Your insurance rates are probably going to go up. You might consider contacting your insurance company to find out how much the increase will be before you start throwing more money at the situation.

I've been to traffic court too many times, in several different Illinois jurisdictions. The judge tries to get through it as quickly as possible. Any deviation from the routine, e.g. a defendant with charts and graphs, is liable to be looked upon unfavorably. That said, it is your right to try to present your side of the story.

In my non-qualified opinion, but as someone currently enrolled in online traffic school, you were at fault. Or at least, there isn't enough compelling evidence to say you weren't at fault. Do you have witnesses who will agree to testify on your behalf? Otherwise, it's your word against the police officer's.
posted by SuperSquirrel at 6:13 AM on May 31, 2011

Off-hand, from reading your description, I'd say you were at fault, because it's your job to make sure that there is no traffic before pulling out onto the roadway. Regardless of whether the other driver was changing lanes or you didn't see him, you're at fault because you didn't make sure the roadway was clear ... you were depending on this other driver to not change lanes as you were pulling out. The other driver may not have even seen you until the collision was imminent or occurring.

Since the other driver is not claiming personal injury and you didn't suffer personal injury, the cost of traffic court will at best be a wash and at worst end up costing you more than you can afford ... AND you're insurance will still go up.
posted by indigo4963 at 6:30 AM on May 31, 2011

If you're on good terms with your insurance agent (and, if you're not, why are you still using that person as your agent?), I would ask him/her for advice. Your agent should have a pretty good idea of what your chances would be if you went to court, what the consequences could be (e.g., getting your deductible back if you are able to beat the ticket), and may even have a lawyer to recommend if one is needed. Your agent would (or should) also be able to advise you about whether and how much your insurance rates will go up.
posted by DrGail at 6:30 AM on May 31, 2011

SuperSquirrel is right, unless you have some evidence that shows the police report was inaccurate there isn't much chance for this to be thrown out. However, you can go to court where they most likely just want to hear "guilty" or "not guilty" and then meet with an ADA after the fact.

Tickets and traffic court aren't really a big deal. I suggest that you just treat this as a lesson and be absolutely sure before pulling out into traffic next time. This is why you see some people wait until both lanes are free before pulling out.
posted by zombieApoc at 6:31 AM on May 31, 2011

Unless you have photographs documenting vehicle positions, skid marks, etc, then any diagram of yours is going to be pointless. You could have made up any situation you like as far as the court knows, so it is your word against the other driver's and - crucially - the police officer's.

I'd also say that pulling out into a two lane road with another car in the other lane is something I would never do, to avoid the exact accident that you had.
posted by EndsOfInvention at 6:38 AM on May 31, 2011

It will be very difficult to prove that you were not at fault.
Besides your word, do you have any evidence showing that the truck was at fault?

You will have to invest plenty of time and money in to this to win.
Are you willing to do that?

Right or wrong, it is not worth fighting this battle. IMO
posted by Flood at 7:21 AM on May 31, 2011

Unless you have some solid evidence instead of your word then it is very unlikely that you stand any chance. Even if the other car was switching lanes when you decided to pull out you would still be at fault. One thing I learned while driving a motorcycle is that it doesn't matter who is right and who is wrong, the motorcycle will always lose. Never assume!
posted by JJ86 at 8:09 AM on May 31, 2011

Any advice for a (potential) first time court-goer?

Wear a suit. Tell the judge this is your first time in court and that you have no record (if this is true). If you're going to admit any fault, be sincerely contrite. Be BRIEF - as preparation, write down what happened, and then cut it down by half. Above all, be very respectful no matter what anyone says in court. This goes a long way in the judicial system. IANAL, I just have relatives in law enforcement and the judiciary, and I have had to go to court several times in Illinois for moving violations.
posted by desjardins at 8:53 AM on May 31, 2011

Cost/benefit ratio.

Is your time to prepare and appear worth more then the ticket? Are you prepared to go trough this with the realization you have, at best a 50/50 chance of prevailing?

If you truly can pay out of pocket with no problems I think that is likely the best option as a lot of things have to line up correctly to win. Consider... even if he was switching lanes you may be still at majority fault as you pulled into a space from a dead stop that he was traveling into already moving.
posted by edgeways at 9:48 AM on May 31, 2011