Cited for Careless Driving
The defendant was cited for Careless Driving after being involved in a traffic accident. The defendant exercised her right to a trial and the case was dismissed for lack of prosecution.
"I don't write about traffic ticket cases very often. However, this is one worth mentioning. My client was not a native English speaker and she was involved in an accident. She was rear ended by another vehicle while she was coming to a stop at a traffic light. The question then is...why does a police officer write a person a ticket for careless driving when the person was rear-ended by another vehicle that failed to yield to the traffic in front of them?
I believe the answer is somewhat nefarious and is as follows: Officers need to write tickets to justify their jobs. This officer happened upon an accident, learned that one of the parties wasn't native English speaking and so hedged his bets that she wouldn't know that she could/should fight the ticket. It was easy for him to write the ticket but he likely knew there was not going to be a way to prove the case. So when my client hired me, I notified the officer I was on the case and demanded certain information be turned over. Not only did the officer not turn over the information but he also declined to show up on the day of trial. Evidently, the officer ultimately knew there was no case because he refused to come to court.
This case highlights how screwed up this system can be. My client was not the "at fault party" in the accident and her car was severely damaged. So to add insult to injury the government decided to charge her with a traffic citation to squeeze money out of her. In her effort to avoid paying the ticket and suffering the driver's license consequences for the conviction she had to pay money to hire me to help her beat a completely unjustifiable citation."
Josephine County, Oregon
Actual Case Summaries
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.