Posted: 7/10/2013 8:05:28 PM EDT
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Good Evening Everyone,
My girlfriend got in a car accident leaving work last week where she pulled out of her parking lot onto the street (which is a blind spot as cars park on the street making it hard to see) and a car t-boned her. She is ok, though her car was pretty messed up. The other driver was a cab, insured, and left without stating any medical issues from the accident. Anyways she received what she described to my understanding as a subpoena for court for Failure to Yield. She was believing this would be insurance handled on the civil side and a fine on the criminal side but after some looking around tonight it appears failure to yield resulting in an accident is more serious of a charge. Money is tight and she had planned to just go to court and plead guilty but I advised her it may be better to seek legal as I very rarely ever saw anyone represent themselves and it turn out good in the 500+ times I've gone to court lol. So I am trying to get advice on the hive as to am I correct in that she needs to seek legal counsel?? I was not there for the incident so my description of all the above is 3rd hand. BTW driving history wise, she has 1 speeding ticket from about 8 years ago that she paid, and nothing else. Thanks Also if there is a good attorney you recommend for this, please let me know. She lives in Independence, accident occurred in S. KC, and court is of course downtown KC. |
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I got some tickets in Platte Woods(locally known as ruthless in traffic and fines) a while back. Pain in the ass. I used Mike Kinder. He was kind of expensive but made everything a "faulty equipment" fine or something like that.
It's goin to cost you if you want to fight/reduce these types of things. You know how this works bro 
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Yeah I told her it would probably be better to get a lawyer and have him up pay to change to a non-moving equipment violation, but that was before considering it wasn't a fine payment, but instead a court case for failure to yield which some places seems to say caries a possible jail sentence. Which of course then makes it more of a mandatory than an option for a lawyer present.
And just when I thought I my court dealings were calmed down for a bit lol. Thanks for the info for Mike Kinder, will have her speak with him. |
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My first wreck I got in was in high school. There were two lanes of traffic and I pulled into the closest one, which was clear at the time I started, but another vehicle entered that lane as I pulled out and he hit me. I got a failure to yield ticket. I went to court to plead no contest. After waiting like an hour, a lawyer finally talked to me and said I was dismissed. The other guy didn't show up so the charge was dropped. Lesson learned - if it's your fault get in a wreck with someone from out of town.
I don't think it's worth fighting. Good luck with it. |
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First of all, she's not going to get any jail time, it will be a fine. It's never a bad idea to get an attorney. If nothing else to have it plead down and keep her insurance from getting higher than it's already going to be because of an at-fault accident. Thats what they all say until the cabbie's neck hurts and has to go to the ER. 
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Quoted:
Quoted:
First of all, she's not going to get any jail time, it will be a fine. It's never a bad idea to get an attorney. If nothing else to have it plead down and keep her insurance from getting higher than it's already going to be because of an at-fault accident. Thats what they all say until the cabbie's neck hurts and has to go to the ER. JAIL TIME for a traffic violation ? ? ? ? ? I don't think so, if you haven't figured it out YET, 99.9% of all violations are about the MONEY, IF there's a chanc eshe can fork over some $$$ , that's what it will come down to. WHY do you think the illegals or most petty criminals, don't get hauled in? because they HAVE NO MONEY, nothing to loose by NOT showing up/paying. |
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Quoted:
Quoted:
First of all, she's not going to get any jail time, it will be a fine. It's never a bad idea to get an attorney. If nothing else to have it plead down and keep her insurance from getting higher than it's already going to be because of an at-fault accident. Thats what they all say until the cabbie's neck hurts and has to go to the ER. Not for a failure to yield. MAYBE a careless driving, but it would have to be some pretty heinous driving and severe injuries for there to be jail time involved. |