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iamtre
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17 Jan 2010, 12:15 am

Ok so on Tuesday I had to be in court for a ticket I got and I feel I was given unfairly. I got the ticket after a man hit the back of my car and the officer did not put "my" side in the report. He did not obviously listen to me and i have a witness to validate this.
I have been to court twice. They messed up and had not put the case up for trial last time so i have to go back. well....
I was in court for 9:30 am until 6pm
yes u read that right and I did "meltdown" at the judge and prosecutor after waiting that long and finding out they would do nothing.
Can the ADA laws help me to be seen early. I get extremely nervous in court and do not want to risk another "meltdown"
Also would the officer completely missing my side...could that have to do with me? I mean being autistic and all I am not sure he "got" what I was saying. My father in law who came to the scene of the accident and was present when I spoke to the officer knows me so he got what I was saying. Could my autism have affected the officers interpretation?
How and when do I handle this with the court?
I also asked for the trial to be the last week of march because that's spring break at work (i teach) and this would be less stressful since I wouldn't be missing work. The judge said no and the date is in February and not march when I wanted it. Even though the accident was the beginning of december....what does this matter to the court?



rabryst
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17 Jan 2010, 3:49 am

I don't know about your country's rules, but here if someone hits you from behind, it is ALWAYS their fault, no questions asked.

Check up on that and you might find some validation. Hopefully (if this is the case) the policeman will get suspended for making a false report, and the guy who hit you's insurance will pay out.

Definitely worth a look.


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Apera
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17 Jan 2010, 5:59 am

rabryst wrote:
I don't know about your country's rules, but here if someone hits you from behind, it is ALWAYS their fault, no questions asked.

Check up on that and you might find some validation. Hopefully (if this is the case) the policeman will get suspended for making a false report, and the guy who hit you's insurance will pay out.

Definitely worth a look.


That is my understanding of the law here. I wouldn't say ALWAYS, as an absolute law cannot be just. But almost always.


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Tory_canuck
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19 Jan 2010, 5:58 am

please note,if you want to argue it such as not having a right to your say, by filing an affidavit over the matter and by having your witness file an affidavit stating what they observed.


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starygrrl
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19 Jan 2010, 11:12 am

I will say this from being a now non-practicing lawyer. Courts have very strict scheduling and limited time.
The ADA may not be able to protect you here, but you may be able to get free legal assistance claiming you have a disability that makes it very difficult for you in court.

Courts have very strict rules, and honestly approaching this rationally may be your only approach. Melting down is not going to help you, seeking legal help from a disability group may. As you will have somebody rationally making your view heard. Representing yourself is always dangerous, even for NT, but in your case it definately seems to be the case.