Traffic Accident - Officer told me to plead not guilty?

Question

What happened: I just got into a traffic accident where I rear-ended the car in front of me because my wheels locked up in the rain. It was pretty clear I was at fault.

The damage: the car I hit was not really damaged, just chipped paint. But the person insisted that he would need to get a whole new rear bumper. I got it pretty bad though, my hood popped up and is dented, and one of my lights is crooked.

When the police finished writing up everything, he marked me down for "careless driving," and told me I had to appear in court. The thing is, he told me to plead not guilty so that I won't get any points, and the whole case would be dropped.

What do I do? I've never been in an accident before, and never been in court. I'm really confused and clueless as to what I should do now. And what about the damage? Will my insurance cover it? Will my insurance go up because of this? Thank you for your help, I really need it.

Answer 1

Awakened isn't giving you good advice.Neither is the cop who wrote the report.

The insurance companies (yours and the other person's) are going to want to know who is at fault , and which insurer is going to pay for the damages.Fault will be determined by the court.

Locking up your brakes certainly wasn't the fault of the person you hit.They can't control what's happening behind them.

Pleading "not guilty" when you're clearly at fault (you DID rear-end someone after all...) just makes you look bad in court.

If you try to excuse the accident by blaming it on the weather the judge will tell you that you should've been driving more carefully.

Go to court and explain to the judge what happened , and he'll probably just give you a small fine.You might not even get any points on your license.

As for the damages to the other car...they'll probably go to the most expensive body shop they can find for an estimate.They'll get a check (from YOUR insurance company) and then they'll go someplace cheaper to get the work done , and pocket the difference.Happens all the time.

You don't have that luxury though...your insurance company will want to know where you're taking your car for repairs , then they'll write a check directly to that shop.

Answer 2

plead not guilty

Answer 3

my son in law is a state trooper and the police absolutely will not give legal advice. if the wheels locked up ( sorry ) that was your fault for being on the brake to hard. turn it in to your insurance and let them handle it. some one has to pay for the damage. there are lots of times hidden damage that the untrained eye cannot see. you need estimates for repairs

Answer 4

i say plead not guilty, if your wheels locked up that is NOT your fault.

just tell the truth.

Answer 5

Plead not guilty and they will set a court date. The case may be dropped if the issuing officer can't show up. And yes, your insurance will pay. Depending on the company,they may not go up or cancel you. Good luck.

Answer 6

if you have full coverage it will cover it ,other wise it probably wont cover this one,i don't understand why he told you this,but since he wrote you up for it,you can plead not guilty and say that the car brakes locked up and they might not give you any points but they may not dis-miss the whole case,someone will have to pay for the other persons car ,or else they can sue for the amount of damage to it,been there and done it,i was the one who hit someone,i paid,good luck with it.

Answer 7

all insurance policy's are different but i highly doubt that it wouldn't be covered. as for court. i suggest pleading not guilty.

Answer 8

Well first, when you plead "not guilty," that does not automatically dismiss you of the charges. [[If that were true, everyone would be doing that, and no one would have points on their license.]]

What will happen then is you will be given a trial date, inwhich you and the officer show up, and the officer would have to prove Beyond a Reasonable Doubt that you are indeed guilty of careless driving. During this, the officer will make his statement, you will be able to question the officer, make your statement, and their is a possibility that the other person in this accident may be subpoena-ed to be there as well.

If it comes to this, and while you are questioning the officer, I would say things like, "Officer, isn't it true that you advised me to plead not guilty to this charge?"

THEN, one of 3 things will happen: 1) The judge will find you guilty of reckless driving, and the points will go on your driving record 2) The judge will find you innocent and drop the charges completely, with no points on your record or 3) The judge may reduce the charges at his/her discretion.

Your other options are to 1) Plead guilty, suck it up, and get the points on your license or 2) Plead "nolo contendre," a latin term for "no contest" in which you neither admit nor deny guilt. However, this plea usually results in the judge finding you guilty anyway with the same results.

You insurance will cover the damages for the other person's car. But depending on your policy [[whether you just got simple liability, or full coverage that protects you as well]], your car may or may not be fixed. And, yes, your insurance will likely go up.

Answer 9

You can plead not guilty but at the end of the day it will still be your fault for rear-ending the other vehicle and as for the insurance just report it to them and let them handle it.....

Answer 10

Ive never heard a police officer offer advice on court cases, If he thought you would probably get off on a careless driving charge he probably wouldnt have written a ticket for that. You probably will get points on your licence and your insureance will probably go up. (this shouldnt be a suprise for you)  The only thing you CAN do is go before the judge and claim that its your first accident and that you have learned alot about following to close and to please reduce the charge.. good luck with that.

Answer 11

dont plead guilty