TICKETED TWO MONTHS AFTER AUTO ACCIDENT

[JANET THOMAS]

I had a minor auto accident almost two months ago. The insurance companied determined that we each should pay our own damages because I was at fault for backing out into a small rural street, and the guu who hit me was at fault for speeding. 38 feet of skid marks in a 25 mile per hour zone. The officer on the scene did not issue any tickets. I have found out that the officer and the guy who hit me are good friends. The officer called my house many times complaining to me that my insurance company didn't pay for the other guy's damages, and that if I didn't get them to pay the damages, that he would write me a ticket. Well, he pulled me over as I drove through town yesterday and issued me a ticket. He said that whenever he is called to the scene of an accident, if anybody has Allstate Insurance he will write them a ticket. That he was tired of insurance companies not paying for what they should. I can't afford a lawyer. I am going to go to Court and represent myself on this. Can he write me a ticket for that this long after the fact? And if so, how is it fair that the other guy doesn't get a ticket when it was declared his fault, as well? Thank you, Janet Thomas, North Carolina

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

First of all, representing yourseld is not a good idea. If this guy gave you a ticket two months after the fact (for the accident and not for a recent traffic violation), then he can be sued personally and the police department as well, for abuse of process. Now, usually, officer has max up to 5 days to file this ticket (i.e. bring a claim). He should be barred by the statute of limitations.

Tell you what, look up your state's statutes by following these instructions:
1) Go to the freeadvice.com homepage there is bulletin boards, freeadvicelive and state statutes.
2) click on state statutes.
3) click on north carolina
4) find traffic section or do a keyword search and look for something like traffic tickets and keep searching until you find out how long the officer has.

You may want to contact your local legal aid foundation and see if they can help you with representation. They may even be able to help with the lawsuit agianst this cop. That is, if you win your traffic ticket case.

Hope this helps.