Legal Question in Traffic Law in New York
Accident on an unmarked curve
On sunday spet 21 2003, I was driving my car with a friend. It was dark and all the sudden a turn came up. I tried to take the turn, but i hit a patch of gravel and could not recover. I ended up in a ditch, totalling my car. The police showed up assumed I was under the influence, gave me a sobriety check (geared towards marijuana) and searched my car. I passed the test but they found some marijuana that belonged to the passenger. I was issued a ticket for excessive speed and one for crossing the white(shoulder line).
Well, i went back to the seen to take a picture of the gravel patch for court. What I found was more interesting. There was no yellow warning sign for the turn. I trashed my car and got tickets because the town didnt put up a sign. My question is ''what should i do?''
1 Answer from Attorneys
Re: Accident on an unmarked curve
Excessive speed is hard to prove. Also, how did the officer know that you crossed the line BEFORE the accident. If it was after or as a result of the accident, then anyone can be ticketed at any accident site if the officer did not witrness the accident.
Plead not guilty and then do not ask for a supporting deposition. Hopefully, the ticket will be plea bargained. The marijuana with your was the real reason that you got the ticket.
Good Luck.
RRG
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