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parking lot scrape

  • Thread starter Thread starter Pam IL
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Pam IL

Guest
What is the name of your state? IL
I am hoping someone can relieve my intense anxiety about a minor accident, but I got a ticket. I have been driving for years and have never had an accident. In a parking lot I scraped against the car next to me, that had come after I did and parked all crooked. I could see no damage on it, so I thought I was lucky. But someone told the driver my license # and the police came to my door. Please tell me if I need a lawyer in court, there were obviously no injuries, and I could see no damage at all, but I guess they are claiming some. I am a nervous wreck now.
 


P

Pam IL

Guest
question

I'm sorry if my first post didn't contain a clear question.
What I was hoping to learn is, what the possible outcome of the cort appearance for the ticket (leaving the scene of an accident ) wiil be and if I NEED a lawyer. I can't believe that they go to the trouble of making two seperate sections of the law, one for an accident when there is injury or death, and one such as mine, an unattended smaller accident, yet they say it is the same...a Class A misdemeanor. That is why I am scared.
 

laxp

Junior Member
im in same situation now

hi im from minnesota and i have got the summons for hit and run unattended vehicle like you with a court date..what happened at your court date..please your answer would be very helpful for me thanks in advance
 

kmo199

Junior Member
Eventhough it seemed common-sense to leave the scene,
and things may appear to be scary, they aren't.
However, you can't evade not paying anything as
someone pinned you down.
In such minor incidents, lawyers aren't a necessity to hire.

Check with someone more experienced though.
 

pam674

Junior Member
Do your prep work before court

IL
If your situation was like mine, I would urge you to carefully examine the ticket and see just what they are citing you for. In my case, they had the WRONG code number down and if I had been so stupid as to plead guilty just to avoid a court appearance, I would have been guilty of leaving the scene of an accident with injury or death! In other words, like a real hit-and-run where you leave bodies lying in the street. In fact, it was only a very minor, unattended car scrape, which was another code number. (Actually, I did not have the option of pleading, I HAD to appear.)
I found out this problem by getting online to a web site where the state laws were explained section by section. I was a bit concerned that when I pointed out the error (one digit) the judge or someone else would whip out a pen and change it! But that didn't happen. Maybe someone on the forum can help you find a site where your state laws are posted.
The second thing that I was prepared to argue was that there was never any claims filed on this supposed damage. The other party didn't file with my insurance company, and I certainly never did.
When I went to court, after a wait of several hours listening to many cases of DUI, no insurance, no license, driving drunk with suspended license, causing accidents and injuries, or all of the above, I was not quite so nervous. A few of the cases had lawyers-whom they obviously just met-but most did not, like me. There was never any judge in the room. Two Prosecutors called the cases up to a table and they were extremely polite to everyone, even friendly banter a bit. I told what had happened--I did not know anything had been damaged, and the other vehicle was definitely unattended and parked wrong-- and the print out about the wrong law being cited. My case was dismissed right away.
In my state, when you get a ticket the officer takes your license and you have nothing to show , except the ticket, if you need to show your license. This is embarrassing, inconvenient, and very stressful. It had been 3 months since I had no license. So I about danced over to the window to retrieve my license when the man said I was dismissed!
I don't know if your case will turn out like this, but don't get too stressed. (I was a wreck myself.) There will be repeat offenders of serious driving crimes there. The most that might happen is you will have to pay a fine. If it is big, you might be able to even arrange payments. You will not be put in jail, or humiliated. You will have a chance to tell your side, and even if they decide against you, if will all be over shortly. Good luck - and thanks for the opportunity to tell my little court saga!
 

laxp

Junior Member
Hi thanks for ur prompt reply

hi thanks a lot for the prompt reply...

actually in my case i got the summons with the right charge of hit and run unattended vehicle but my driving license number on it was wrong. Also when the police officer called my home about the incident i said i must have hit but i didnt thought that i had hit the vehicle and thats why i didnt stop else i would have stopped immediately.the other party also not claiming anythg since it was a small scrape only.For me too the court appearance is mandatory.Going to the court on january 13th.Anyway im planning to explain the situation and plead guilty.After an hour the police called about the incident i called the police again and apologised for the situation and said very sorry about the incident which has been included in the police report also. Since this is my first offense of misdemeanor im afraid at the maximum sentence of 90 days jail and/or 1000$ fine.Now i hope that jail sentence will be out .Isnt it?thnks once again
 

Happy Trails

Senior Member
Pam IL said:
What is the name of your state? IL
I am hoping someone can relieve my intense anxiety about a minor accident, but I got a ticket. I have been driving for years and have never had an accident. In a parking lot I scraped against the car next to me, that had come after I did and parked all crooked. I could see no damage on it, so I thought I was lucky. But someone told the driver my license # and the police came to my door. Please tell me if I need a lawyer in court, there were obviously no injuries, and I could see no damage at all, but I guess they are claiming some. I am a nervous wreck now.

(625 ILCS 5/11‑404) (from Ch. 95 1/2, par. 11‑404)
Sec. 11‑404. Duty upon damaging unattended vehicle or other property. The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such accident when and as required in Section 11‑406. Every such stop shall be made without obstructing traffic more than is necessary.
Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 83‑831.)

**I can only give you the range that the courts can impose for Class A Misdemeanor.

Class A: jail up to 364 days or fine of $1 to $2,500 or both
examples: driving under the influence, driving on a suspended or revoked license or speeding 40 or more miles over the speed limit...

**Of course the extreme fines would be given to a more serious offense.
But the sites I have visited recommend you have an atttorney for this class of misdemeanor.
 

Happy Trails

Senior Member
After viewing my post and the date that the initial thread was posted (07-02-2003 11:00 PM), it is apparent that 'PamIl' has already had her day in court. I will leave the post just for reference to anybody who may be seeking the above information.

Laxp, it would have been in your best interest to start your own thread since the laws vary from state to state.
 

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