Legal Question in Civil Rights Law in Florida

I was turning a corner (turning right). There were two traffic officers on the sidewalk. I looked at them first, the didn't appear to be directing anything or even looking at the corner. I pulled up, stopped, assessed my situation, green light no pedestrians. As I started to pull forward, a pedestrian on the other side of the road began to walk across. There was no danger to her. It was a 4 lane road. I started to pull away when I heard a loud banging on my car. I stopped to assess the situation when the traffic cop comes up to my window and says I hit her.

My dad and sister, who were in the car with me on the side she banged on said as I started to go, she turned around, saw the pedestrian on the other side of the road and put her hand out for me to stop. She was behind me to my right at that point and I couldn't see her. She ran up and started pounding on my window, my back window. She said I bumped her elbow and I was ticketed for having an accident with a traffic direction object.

I don't think I did anything wrong, and I don't think she had the right to slam on my car as hard as she did. They never asked me anything more then my phone number and as they handed me my ticket I had to ask to make a statement.

I am concerned that this women abused her power and that I am suffering the brunt of it. I have only ever been pulled over once and that was for running a stop sign. There were two in a row and I didn't realize it because they were so close. It was 3am.

I only got a warning for that. I think I am a safe driver and I don't think I did anything wrong in this situation. I don't want to just pay it and accept my guilt.

What should I do?

Should I accept it, because she's a cop and I have no chance in court? or should I fight it?

Thank you in advance.


Asked on 8/08/09, 3:45 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I say fight it. If you had the right of way, and you were being a safe driver, and you feel you have no fault in the matter, then fight. You seem well-spoken, so you can go to traffic court yourself and speak your mind. If in doubt, hire an attorney to speak for you in court.

I happen to know a friend who hit a pedestrian... It was ugly for her to fight, but what saved her butt is that the pedestrian left a mark on the side of her car as he walked into it. Ouch, but not her fault.

Fight if you believe you are right.

Best of luck.

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Answered on 8/09/09, 7:31 pm


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