Posted on: 08-12-11 13:24:55
Quote:
Originally posted by hchheda
Quote:
Originally posted by kumar_v
Can anybody tell me if prosecutor offers me to just pay fine and agree to drop the charges will offense still show up in my driving record?
If he is dropping the charges, what is the fine for? I assume you meant that he reduces the charge, drops the demerit points and the fine amount - but the conviction still stays and you are guilty. The conviction stays on your driving record for 3 years.
Generally for Insurance, 1 conviction may not increase your insurance rate - but you are forced to stick to same company for 3 years as all other insu companies rates will be higher due to that conviction.
Hope this helps.
Congrats Coolvip - though I don't understand why they dropped the charges even with the cop and other driver present. The process is definitely intimidating for first timers.
Hiren
Yes, I meant that. It means not-guilty only possible if I win in the court. Prosecutor cannot make me not-guilty even if he drops the demerit points. Is it right?
Coolvip, what is the procedure to get disclosure package?
Quote:
Originally posted by hchheda
Congrats Coolvip - though I don't understand why they dropped the charges even with the cop and other driver present. The process is definitely intimidating for first timers.
Hiren
Thanks Hiren....
Here is the thing..Initially he offered one point reduction as plea deal...so that means 2 points and $110 fine. Now prosecutor has bunch of cases say around 30. I am pretty sure he must not be studying all of them before coming to court...as a standard process he must have offered initial deal without looking into the contents.
Later when he looked at the details there was no significant evidence that showed I took left while the light was green other than the statement from other driver which he recorded after the accident. It was just my word against his. In there he (other driver) had mentioned he did not see my vehicle approaching..There were no additional witnesses, no camera and ccertainly cop was not present. Again when he explained something on similar lines, all I heard that he was completely withdrawing. It would have been interesting to see arguements should there be the trial..that did not happen (I guess luckliy). I mean I would have stucked to my point..and depending on questions from prosecutor I would have cross questioned other driver..again based on his statements that were recorded. I am sure judge also would have assisted me a bit, but just my perception.
So Out of 30 cases around 20 accepted plea bargain, 6 did not show up so automatically convicted out of rest 4, one desi couple haggled over the fine which prosecutor cannot offer below set limit. Don't know what happened to the rest 2 abd 1 was completely withdrawn.
Quote:
Originally posted by kumar_v
Coolvip, what is the procedure to get disclosure package?
There is The court location and phone number printed on the trial notice that you received or will receeive. Just call that number and it either will have a recording with prosecutor's number or just talk to customer service rep to get prosecutors number. Call them and ask them for "Disclosure" They will give you a fax number where you request the disclosure in writing. They will call you to pick it up or will fax it to your number. Better go and collect it yourself as sometimes fax is not very clear (such as handwritten notes by cops).
Just keep reading the disclosure over and over again and try to make some points about facts and circumstances. write them down revise them and come up with some good questions.
Hope this helps.
CoolVip,
Congrats.! It is good to know that your diligence paid off (with some luck) and hope you have similar luck with the insurance co. as well. Maybe the prosecutor was intimidated by you 
Probably good to point out that this is not a very common scenario. If both the cop and the witness show up, it is pretty rare for the prosecutor to drop the case like this, so always a good idea to get the disclosure notes and be ready to fight it out (like you had planned to).
Anyways, all's well that ends well - Congrats!
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Are you there?
Were u chosen as at fault by the cop because u turned after light turned red?
Actually other than saving the fine u have not gained much.. Insurance has already cited u as guilty and raised his rates.
Wondering if changing insurance companies will help because now there is no guilty plea on driving record, did u try to get quotes from other insurance companies.
@BL: Thank you for the comments, they are like icing on the cake.
@DWMC: As mentioned in the very first line, the charge was related to left turn violation and not jumping red light.
Called insurance company...they did not already raise the rates because if the case is pending it does not show up in driving history so no increase in premium because of ticket.
I gained following:
1) Saved fine
2) Maintained clean driving record otherwise 3 points are already high. This is biggest gain.
3) The premium will not go up because there is no fine, no points.
4) Able to share the experience that would potentially help other drivers. Many a times very safe drivers get tickets due to various unavoidable circumstances. I would say they sometime make small mistake instead of committing actual offence such as speeding or intentionally jumping lights, DUI, etc. If studied right it could maintain clean record and could save money from insurance companies.
I agree 100% . Plus if you already charged once with 3 points , then you drive under pressure .
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Fido.
