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Originally Posted by Dillon Hunt
Did or didn't the both parties involved in accident present at the time the officer written the citation?
Yes
Did or didn't the officer cross examines the both parties about the accident before the officer written the citation?
No, the one who may have caused the accident Pleaded the 5TH
Did or didn't find you liable after cross examines both parties involved in the accident?
No, Did not admit to anything.
Did or didn't you agree to the officer finding before the officer written the citation?
No, did not agree with his findings
I hope that this explains the situation better.
Dillon
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If only one "Yes" answer in the questionaires the police officer is not incredible witness to the accident.
It's doesn't matter if the other party take 5th, but what does matter is that the other party injured and that's the reasons why the officer given you a citation. If nobody injured the officer will not give any citation to anyone of the parties involved in accident except for the officer to make a report for insurance purpose only by law.
Case Senario (1) You can request for trial and put the officer to the stand to answer all the questionaires, if the officer failed to answer "Yes" to all the questions, the judge will find the officer lack of credibility's and dismiss the citation, but the judge will find you liable for the other party damages because of the citation.
Case Senario (2)Request for trial, tell the judge that you have insurance at the time of the accident, and you already informed the insurance about it, and they are looking into it right now. Never argue with the blackrobe it will make it tough for you and you might lose your chance of winning the case.
Case Senario (3) Request for trial, if the other party involved in accident didn't present, by the default, automatically the case will be dismiss
editing..........