I was accused of damage to someone’s car in a car accident in San Jose, California, damage that I did not cause. What happened to innocent until proven guilty?

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I was accused of damage to someone’s car in a car accident in San Jose, California, damage that I did not cause. What happened to innocent until proven guilty?

After leaving a gas station in San Jose, California, this lady jumped out of her car and said i hit her car’s tire cover(an exterior, rear mounted spare tire) and pointed at this four inch wide black smudge on the rear of her car located about four and half feet from the ground, my front bumper (that shes claiming i hit her with) is no more than two feet off the ground!i told her theres no way i did that to her car and left. The police show up at my house about an hour later and the officer writes me a ticket for an unsafe lane change and leaving the scene of a car accident. Am i just out of luck or can the ticket be dismissed?

Asked on June 18, 2009 under Accident Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are innocent until proven guilty!  You need to hire a car accident lawyer in San Jose, CA to deal with this. This seems to be completely rediculous.  You can come to court to challenge the charges.  The police report however, will control the state's atty decision unless it is poorly written and doesnt make logical sense.  If the deal that is offered is not acceptable to you and you cannot get it knocked down to an infraction as opposed to a misdemeanor, then you should ask the lawyer whether you should try the case and force the police to come to court and force the complainant to come to court to back up their stories.  Don't do this alone. Get a lawyer (http://www.attorneypages.com).


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