Need some advise.
Safety Car
Joined: Dec 2004
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From: Jersey Shore Exit 98
First I would go down and speak to your neighbors. First start by apologizing. Then tell them the entire story of what happened and offer to pay for the damage to the lawn. The tickets may have come from them and if so they can dismiss them. The officer was not there and can not issue you a ticket for something he did not witness. So the neighbors are his witness. If they will not hear you out or don't what to help to dismiss the tickets. GET A LAWYER and fight the tickets. If there is no witness to prove you spun out then its your word against theirs. And if it comes down to that screw them & their lawn. Good luck.
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From: Dear Karma, I have a list of people you missed.
St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15-'16
First I would go down and speak to your neighbors. First start by apologizing. Then tell them the entire story of what happened and offer to pay for the damage to the lawn. The tickets may have come from them and if so they can dismiss them. The officer was not there and can not issue you a ticket for something he did not witness. So the neighbors are his witness. If they will not hear you out or don't what to help to dismiss the tickets. GET A LAWYER and fight the tickets. If there is no witness to prove you spun out then its your word against theirs. And if it comes down to that screw them & their lawn. Good luck.
If the witnesses don't/can't show up in court, then at least one or two of the tickets will go away; maybe all. Depends on the prosecutor since HE is the one that actually has to present (and prove) the case to the court, not the LEO. The LEO is the prosecutor's "States witness" in the matter, nothing more.
To the OP: An attorney can explain all this to you in more detail and as been recommended, you need to retain one.
Thread Starter
Racer
Joined: May 2008
Posts: 273
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From: Pottstown pennsylvania
Thanks for all of the help. I will definetly get an attorney and see what he can do. I will also attempt to go and talk to them one more time to see if we can talk something out. I know I should have left a note or something it was a bad move on my part.
Thanks
Mark
Thanks
Mark
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From: Dear Karma, I have a list of people you missed.
St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15-'16
Good luck
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Racer
Joined: May 2008
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From: Pottstown pennsylvania
Race Director
Joined: Jan 2006
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From: Not on either liberal coast.
First I would go down and speak to your neighbors. First start by apologizing. Then tell them the entire story of what happened and offer to pay for the damage to the lawn. The tickets may have come from them and if so they can dismiss them. The officer was not there and can not issue you a ticket for something he did not witness. So the neighbors are his witness. If they will not hear you out or don't what to help to dismiss the tickets. GET A LAWYER and fight the tickets. If there is no witness to prove you spun out then its your word against theirs. And if it comes down to that screw them & their lawn. Good luck.
The first part of your suggestion was solid common sense.
The bold part is inaccurate with traffic collision investigations. The neighbors obviously can be witnesses and called to testify. That is why I suggested in my previous reply that the case was probably submitted to the city prosecutor for review of charges and the complaints came in the mail. The complaints can also be filed directly through the court with information supplied to the judge. It's called probable cause.
The original poster knows he made a mistake. I don't understand the suggestions that he should try to evade any responsibility.
What if the damage occurred to your property?
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First, the LEO had no business writing any tickets since he did not witness the event.
Second, the right thing to do would have been for the LEO to have gotten all parties together after hearing that the OP had every intention of talking to the neighbors at a more appropriate time. That would have been the end of it.
Second, the right thing to do would have been for the LEO to have gotten all parties together after hearing that the OP had every intention of talking to the neighbors at a more appropriate time. That would have been the end of it.
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From: Dear Karma, I have a list of people you missed.
St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15-'16
The first part of your suggestion was solid common sense.
The bold part is inaccurate with traffic collision investigations. The neighbors obviously can be witnesses and called to testify. That is why I suggested in my previous reply that the case was probably submitted to the city prosecutor for review of charges and the complaints came in the mail. The complaints can also be filed directly through the court with information supplied to the judge. It's called probable cause.
The original poster knows he made a mistake. I don't understand the suggestions that he should try to evade any responsibility.
What if the damage occurred to your property?
The bold part is inaccurate with traffic collision investigations. The neighbors obviously can be witnesses and called to testify. That is why I suggested in my previous reply that the case was probably submitted to the city prosecutor for review of charges and the complaints came in the mail. The complaints can also be filed directly through the court with information supplied to the judge. It's called probable cause.
The original poster knows he made a mistake. I don't understand the suggestions that he should try to evade any responsibility.
What if the damage occurred to your property?
Team Owner
Joined: May 2001
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From: Dear Karma, I have a list of people you missed.
St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15-'16
If witnesses can't/don't/won't show up in court, the vast majority of them get dismissed too.
Race Director
Joined: Jul 2003
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From: Color my life with the chaos of trouble.
Sad thing is that if you were rich you could actually commit murder and get less of a penalty. I can't imagine ever calling the police if a neighbor accidentally did a little damage to my yard. I'm assuming they knew it was an accident if they saw you. On top of it you get a cop that sounds like a real A-hole. There are plenty of good police officers out there, but there are also plenty of ego driven, power hungry idiots that would love to rag on some Corvette owner. Too bad they don't have anything more important to worry about
Best of luck dealing with all of the A-holes in this world.
Best of luck dealing with all of the A-holes in this world.
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From: Northern Illinois
Oldtimer
I'm wondering who's going to testify against you. The police officer didn't see you drive on your neighbor's yard, so how can he say that you were driving recklessly? He can write the citations based upon what he was told by your neighbors, who I assume observed you. If they don't appear in court, I'd think you'd be okay. Good luck. 
Last edited by DevilDog II; Jan 3, 2009 at 06:41 PM.
Team Owner
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From: Dear Karma, I have a list of people you missed.
St. Jude Donor '08-'09-'10-'11-'12-'13-'14-'15-'16
I'm wondering who's going to testify against you. The police officer didn't see you drive on your neighbor's yard, so how can he say that you were driving recklessly? He can write the citations based upon what he was told by your neighbors, who I assume observed you. If they don't appear in court, I'd think you'd be okay. Good luck.
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Find a good lawyer and he won't be cheap. Jump thru the hoops
and you will have another lesson in life.
Just think none of this would of happened if you had........(fill in
the blanks). Good luck and good bye.
and you will have another lesson in life.
Just think none of this would of happened if you had........(fill in
the blanks). Good luck and good bye.
Race Director
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From: Northern Illinois
Oldtimer
I can understand his logic in not wanting to wake them up at such an early hour to advise them of the damage. He should have probably left a note indicating what he had done and that he would contact them later in the day. I'm curious if he's had driving related problems with them before. It just seems like a lot of tickets for something so minor.
Melting Slicks
Joined: Aug 2006
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From: Powell TN
Cruise-In VIII Veteran
No, that's what forensic evidence is for. It has long been established that eye witness evidence is grossly inaccurate.
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Thread Starter
Racer
Joined: May 2008
Posts: 273
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From: Pottstown pennsylvania
I thought of that too except for that little "res gestae" thing. If I were to guess, I would say the OP probably spilled the beans to the LEO as he seems like a pretty honest straightforward guy. Don't know if the prosecutor would go with just that for "evidence" by itself or not. As a practical matter, I suspect you are right though.
As a retired police officer, I agree with some of what you said. Obviously, the OP was driving too fast because he lost control of his vehicle. I could possibly see a ticket for Driving Too Fast For Conditions, but Reckless Driving, Speeding, Leaving the Scene of an Accident, and Damage to Property seem a bit much. Excessive speed alone does not constitute Reckless Driving here in Illinois.
I can understand his logic in not wanting to wake them up at such an early hour to advise them of the damage. He should have probably left a note indicating what he had done and that he would contact them later in the day. I'm curious if he's had driving related problems with them before. It just seems like a lot of tickets for something so minor.
I can understand his logic in not wanting to wake them up at such an early hour to advise them of the damage. He should have probably left a note indicating what he had done and that he would contact them later in the day. I'm curious if he's had driving related problems with them before. It just seems like a lot of tickets for something so minor.
