So, my wife goes to the movies on Saturday. When she comes out there is a note from the local police that she struck another car and must call the police station IMMEDIATELY!
She calls and is told to come down. Turns out that the driver of a BMW has accused her of wedging her bumper under theirs. Their car has sustained no damage according to the police officer who asked for my wife’s license, but not her insurance information. Our car has some existing damage to the bumper which the police officer took to mean that she did in fact hit their car. (Our mechanic has agreed to sign an affidavit indicating that the damage in question occured prior to this incident). However, given the extent of the damage to our bumper, any idiot could tell, would cause an impact sufficient to do some damage to their car. And with no witnesses other than the driver of the BMW, my wife who is sure our car was not in contact with the other when she went in to the movies and who was not present to contest the claim, was issued a summons for reckless driving by this officer. This includes a $78 fine and 2 points on her license. Even assuming that she did it, a) she must have been going all of 1/2 MPH and b) there was NO damage to the other car. Is this what passes for justice and good police work?
So we’re pretty sure that the driver of the other car bumped us and decided to call the police since nobody was around to contest their claim that we hit them and they were concerned that the damage to our car was their fault. I mean if my wife had put her bumper under theirs would she have been stupid enough to leave it there and go into the freakin’ movies? Wouldn’t even the most feeble minded person at least have backed up or moved to a different spot?
So we’re going to contest this ridiculous claim, mostly to avoid the points and hopefully to avoid the fine, both of which seem excessive given that, even assuming my wife’s guilt, there was no damage to either person or property.
Dude, that is messed up. Fortunately worst case, it is only $78 and a couple of points. I can’t see how they can go strictly on the word of the other person to issue tickets. Especially if there is no physical evidence of damage on the other persons vehicle. Was there any paint transfer or other indication that your damage occurred when the vehicles came into contact?
Our worst case scenario is, of course, the judge upholds the officers determination. Best case is that the whole thing is dropped. Our medium and acceptable though unjust decision would be that the points get dropped but we pay the fine.
My brother-in-law is a retired New York state trooper and we’re going to get his advice on how to handle this.
And again, according to the officer there was no damage at all to the BMW. We have a 93 Mercury Sable (a POS, by the way).
Raphael (The still pissed but a bit calmer) Lasar
Matawan, NJ
Apparently justice is not blind, but simply indifferent.
Although we brought ample evidence of the fact that my wife was innocent of the charge, the prosecutor was not interested in examing in it.
My wifes’ choices were two, either:
plead innocent to all charges and be able to present our evidence, but have to return for a new date and a trial and take more time off from work and find a babysitter for Emma
plead guilty to a lesser charge that carries no points but pay an outrageously high fine
She chose number 2 (which is exactly what it was, by the way). The fine was doubled and court costs were added for a total of $187 bucks. If you’re guilty, I suppose this is a good deal; as my wife was not, it essentially felt like a legalized shakedown.
It’s a relief though not to have the points and it’s nice that it’s over.