Hello, I am a seventeen year old male from Wisconsin. This morning, I had a run in with another car (Note: There were no witnesses of the accident, except for my younger brother, who was in the car at the time). Due to the poor and slippery conditions of the road, I had hit the rear end of the car in front of me at a stop light. Fortunately, the speed was so low that there was NO DAMAGE done to either car. I had stepped out to talk to the gentleman in the car in front of me. I had noticed that he was busy talking on his cell-phone at the time. Once he acknowledged me, I infromed him that there was no damage done to either car, and then I asked him if I could leave, to which he replied, "Yeah, whatever." Later on (about one hour later) I was issued a $350 citation that included 6 points to be added on my driver's license. The man must have called in my license plate number. The reporting officer said that the man was very upset when the police came to investigate, as I had supossedly "Hit-and-run." However, there is much misunderstanding. I had not left the scene knowing that he wanted me to stay. He had acknowledged me and responded that it was okay for me to leave, a fact that my brother can attest to. It was he that must have misunderstood me. My question is: why am I being issued a citation?, when: A. No damage had been done to either car. B. The other driver had consented to letting me leave, and C. In Wisconsin, it is not necessary to report an accident to a law enforcement agency when the private-property damage is less than one thousand dollars. I have a mandatory court date in one month, and ANY help whatsoever would be greatly appreciated. Thank you.
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HELP!!!!: Hit-and-run?
- Thread Starter dudeman
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seniorjudge
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Standard answer
Here are some hints on appearing in court:
Dress professionally in clean clothes.
Do not wear message shirts.
Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)
Bathe and wash your hair.
Do not bring small children or your friends.
Go to court beforehand some day before you actually have to go to watch how things go.
Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.
Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.
From marbol:
"Judge...
You forgot the one thing that I've seen that seems to frizz up most judges these days:
If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.
If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!
Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."
(Better yet, don't carry your cell phone into the courtroom.)"
Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):
1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)
2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.
3. I've got a job/military posting in [name a place five hundred miles away].
4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)
5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")
6. I was influenced by a bad crowd.
http://forum.freeadvice.com/showthread.php?p=854687#post854687
Public defender's advice
http://newyork.craigslist.org/about/best/sfo/70300494.html
Other people may give you other advice; stand by.
Here are some hints on appearing in court:
Dress professionally in clean clothes.
Do not wear message shirts.
Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)
Bathe and wash your hair.
Do not bring small children or your friends.
Go to court beforehand some day before you actually have to go to watch how things go.
Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.
Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.
From marbol:
"Judge...
You forgot the one thing that I've seen that seems to frizz up most judges these days:
If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.
If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!
Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."
(Better yet, don't carry your cell phone into the courtroom.)"
Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):
1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)
2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.
3. I've got a job/military posting in [name a place five hundred miles away].
4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)
5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")
6. I was influenced by a bad crowd.
http://forum.freeadvice.com/showthread.php?p=854687#post854687
Public defender's advice
http://newyork.craigslist.org/about/best/sfo/70300494.html
Other people may give you other advice; stand by.
Regardless if there is no damage, at the minimum you should have been cited for not avoiding the accident. The police should always be called when there is contact.
The good news is you have as witness that says you did stop and make contact with the driver, who was on their cell phone and motioned it was ok to leave. Him being on his phone the entire time distracted him and probably will not work in his favor.
My advice is to see if you can get a consultation with an attorney. They are the best ones to advise you on the best court of action.
The good news is you have as witness that says you did stop and make contact with the driver, who was on their cell phone and motioned it was ok to leave. Him being on his phone the entire time distracted him and probably will not work in his favor.
My advice is to see if you can get a consultation with an attorney. They are the best ones to advise you on the best court of action.
However, according to Wisconsin Statute 346.70, it is not necessary to report to a law enforcement agancy if the private property damage is under one-thousand dollars.
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