Accident Ticket - Go To Court or Pay Up?

[modette99]

I Have a Dream...

That CO would create a ticket that assessed a fine, but no ties to insurance companies.

Officer had to show up = "usage tax", but why should a third party (insurance companies) have to get paid also???

That is simple, because the insurance companies have big pockets and have lobbyist that fight for them to do certain things. Just like Unions have so many rights (I always say go on strike fire the whole lot but for some warped reason you as a company can not do that it you are unionized). Money talks...its why people with lots of money and I mean multi million dollars tend to get off pretty easy, they can pay some crazy fine amount and move on and thats all most jurisdictions want.

I don't believe tickets should be able to be reported to insurance companies either.

[Bashed]

A ticket will not fix anything and is mainly there to get some money for the cop responding to an accident.

As far as insurance it does not matter if the cop said he was not at fault, insurance companies assign blame themselves and still could say you are guilty when the cop said you were not.

The first statement means what? Police get paid by the accident, per ticket, a kickback??? WTF

Second, how is the insurance company gonna blame anyone if they don't know an event occured? If the police don't write a ticket, ( cop says you are not guilty) they will never know.
The way the insurance companies know is by your driving history, IE the tickets you were convicted for. This is the way they determine your liability, by your history, among other indicators, age, gender, type of vehicle, part of country, ect. They should know your history, because they are gambling on your liabilty, it's thier business. How else are they going to stay in business if they don't know you are more likely to speed, drink, or not pay attention while driving/riding, and cost them more in payouts verses the premium paid? The premiums are an educated risk derived from this information.

In my opinion, you got off light, pay the fine by mail, and take the reduced points.

[Dietrich_R1]

In my opinion, you got off light, pay the fine by mail, and take the reduced points.

This is another thing the courts have set up... They know it's easier to pay the fine (what they really want) & take the great deal on reduced points.

[Aaron]

What I mean by that is if you are looking to not plead guilty but throw yourself on the mercy of the court saying you are guilty makes you guilty. There is no "mercy of the court". You are either guilty or not guilty. If you know you are guilty say so and ask for what you would appreciate the judge doing.

Don't say things like you are guilty but with an explanation or not guilty but don't have a defense. If you are not guilty fight it, ask for supporting evidence from the officer, check the calibration info for the device used, etc.

Although the court itself does not have mercy, judges do, and judges can do damn near whatever they want. In every case, when it comes to assessing fines/points/jail/etc, a judge takes the circumstances into account.

In the OP's case, although he may not win if he fights it in court, he may end up with a lesser fine/points because of the circumstances (The hill, bad weather, car unexpectedly stopped, etc). Judges have a lot of discretion when it comes to levels of punishment, and just because the ticket says it's $75 and 4 points or whatever, that goes out the window once you go to court. The Judge can look at the case and assess $20 in fines, or $200.

I was always taught a ticket is suppose to teach you a lesson...not sure it taught the OP a lesson here and really is not warranted...but the Police feel someone needs a ticket in an accident...sometimes shit happens and its called "living life". A ticket will not fix anything and is mainly there to get some money for the cop responding to an accident. I also love how in CO police throw around the 'careless' charge way to easy....that there is suppose to be used to teach you a real lesson...glad the cop was not a power trippin one that would write you for everything. (glad he had some common sense)

As far as insurance it does not matter if the cop said he was not at fault, insurance companies assign blame themselves and still could say you are guilty when the cop said you were not.

Its also always worth calling the DA, worst case they say NOPE...best case they say okay and lower the charge. Oh and if you go to court and not pay in the mail you are open to the full points because its past the date...asked a lawyer about that once, its all about making you pay and move on.

I wouldn't say it's because the Police feel someone needed a ticket. Bottom line is that it is not possible to have an accident without one or more involved persons breaking the law. Do you really think the cop who writes the ticket will see a dime of that money? The reason we have fines with tickets is so that there is an incentive to drive safe and not get pulled over. When you cruise down I25, why do you do 75? So you don't get pulled over and get a ticket. If you knew that CSP only wrote warnings, do you really think you'd still do 75?

About the Careless Driving thing. It is the most widely written traffic ticket, but for good reason. The bottom line is that it is a very open offense. There are a lot of times when someone's driving is careless in nature, although it doesn't really fit into any other category. It's just like Disorderly Conduct. No one can say "This and this are the only ways a person can be disorderly." It's a blanket charge that depends on a reasonable person, and if that reasonable person felt you were being disorderly, or in this case, driving carelessly. Like every other charge, you have the right to a trial.

Although insurance companies can assign fault themselves, you'll find that in 999 cases out of 1000, they'll side with the Officer on scene and his/her investigation.

[modette99]

I never said the cop does see a dime, except in his wages and guarantied career...oh I guess he does see the money in a way. So do the Judges, the staff at the court and other public officials.

[Aaron]

Well just like any other forum debate, there's no changing a mind no matter how ignorant one may be. But I'll tell you this, so long as we have drugs, alcohol, and emotions, there will never be enough cops, and ones that we do have will have a job whether they write tickets or not.

[d3spair]

I'd go to court. At some point a plea bargain may or may not be offered to you. If not, then you're only out a drive and some time. In my experience with tickets, I've always talked to a D.A. and have ALWAYS had the charges amended or modified to lesser charges. The fine will almost always remain the same, so be prepared for that.

You can no longer speak with the D.A. (at least here in Colorado Springs). You either accept your plea bargain or plead not guilty.

Also for the OP, definitely fight it. When I wrecked my bike I actually had "accident forgiveness" regarding my rates, but the ticket I got for wrecking was separate and my rates doubled. Bullshit right..