I was ticketed for an accident but the other driver seem to be drunk and he was not ticketed, tested, and did not have proof of insurance. What should I do?
Question Details:
I received a ticket in Atlanta GA for following to closely with accident. It was raining on the black top road at night. I hit the car in front of me. I tried to stop but it lost traction and skid. The distance between my car and the one I hit was about 5-6 car. I have a passenger in my car who can back up what I said. Police came an hour later and gave me the ticket. How did she conclude that I was following to closely. What will be my options? Another drive had alcohol smell (I told 911 and the police) and he did not have proof of insurance but no alcohol test no ticket for him !!!
Auto Accidents Law Answers
Your passenger will, I hope, come to court with you and testify. It's quite possible that you could be acquitted of the charge, depending on how fast you were driving. Having a lawyer represent you, with or without the passenger as a witness, will improve your chances.
I very much doubt that there's any point in getting into the other driver's alcohol issue, since no testing was done and there's no way to prove it now. Whether or not he was drunk, or drinking, doesn't really have anything to do with this case anyway, and more than likely the other driver won't be called as a witness by the prosecution. So, if the police officer doesn't have anything more than the fact of the tail-end hit to support the ticket, you might walk away from this one.
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