Last July I was travelling northbound in the right most lane of a three lane road (not a highway) and was stopped at an intersection. In front of me was a Jeep Wrangler and both lanes to my left were filled (this series of events occured at approx. 5pm, rush hour) After the light turned green I proceeded forward and then observed a sign indicating that my lane was ending ahead and I would need to merge left. The Wrangler sped up enough to get over and then paced the car he had just passed which prevented me from getting in behind him. So I accelerated to pass him and as I was passing him he entered my lane and struck my vehicle. I began to pull over to the shoulder and he just took off. I called 911, merged back into traffic and pursued him. I caught up with him approximately 1/4 mile down the road and got behind him in the left most lane. I'm guessing he saw me and turned into a gas station. So the State Troopers show up and ask who called in the accident. I say that I did and the officer asks me what happened. I explained in like 20 secs. that I was trying to pass this kid in the Jeep and he struck my car. Cop and his partner walk over to the kid and talk for approximately 20 minutes. Then the cop and his partner go to their vehicle to write up the ticket. So I end up getting a ticket for improper passing NYS V&T S.1123 and a month later the officer's report includes a code for "road rage" and states that it was I who was trying to merge when I struck the vehicle which couldn't be further from the truth. I tried to explain to the ADA, but she just wants her money and offered me a reduction in the fine and no points. Followed quickly by a thinly veiled threat of neither if I decided to go to trial. So it's off to trial I have the following questions,
1.) The kid who hit me and took off was never charged with hit and run or leaving the scene of an accident, why would the officer not cite him when he oviously fled the scene of the accident?
2.) The officer's whole report is hearsay based upon the testimony of the kid in the Wrangler. How is this admissable? Doesn't the kid have an obvious conflict of interest in making sure that this looks like my fault?
2a.) Is there anyway to get the police report quashed?
3.) The kid was cited for NYS V&T S.5091 which I believe is unlicensed operation of a motor vehicle. My insurance company has refused to go after him because of the police report, couldn't they just argue negligence per se becaue he should have never been on the road?
4.) Any tips or advice for going to court would also be appreciated.
Thanks in advance for any help with this maddening matter.
-Mike-
1.) The kid who hit me and took off was never charged with hit and run or leaving the scene of an accident, why would the officer not cite him when he oviously fled the scene of the accident?
2.) The officer's whole report is hearsay based upon the testimony of the kid in the Wrangler. How is this admissable? Doesn't the kid have an obvious conflict of interest in making sure that this looks like my fault?
2a.) Is there anyway to get the police report quashed?
3.) The kid was cited for NYS V&T S.5091 which I believe is unlicensed operation of a motor vehicle. My insurance company has refused to go after him because of the police report, couldn't they just argue negligence per se becaue he should have never been on the road?
4.) Any tips or advice for going to court would also be appreciated.
Thanks in advance for any help with this maddening matter.
-Mike-
