Why didn't she get a ticket?

goodguy_46947

Truthfully was she pretty and the police officer let her off the hook? Ask your local Chief of Police at the Police Dept. to look into this and see if the officer was wrong. ****Police are not above the law**** and if she broke the law then he also broke the law by not even giving her a ticket!
:-)~

Katie

you should call the police department and tell the cop that you need to talk to someone in internal affairs. you tell them what happened and they will look and see what officer was there at the time and do an investigation report. that's about all that you can do.

fr_chuck

you have no recouse at all against the officer, it is his choice to ticket or not to ticket.

Also they can mail her a ticket latter if they decide to.

you have the right to sue the person who hit you in civil court to get paid for your damages

NEMO

file a com plate against the deputies,and the station he work for,,maybe he is sleeping with her i hope you did not get hurt

kgsult

Officer Discretion. A police officer has a choice whether or not they want to enforce any law. I writted Vehicle code violatio or traffic summons isn't always written in your view. It can be sent by mail, or it can be included in the accident report. Don't be suprosed if this other person did get a citation. You really have no controll over what fines were imposed on this other driver. Speeding has to be proven by a a speed timing device and proof is still needed to charge her with any other vehicle code violation. Certain states this type of violation in a scool zone is higher grade offense than a summary. Which means she may get criminal charges later.

Sarge1572

In California only an accident investigator can issue a citation for a violation he did not observe (an infraction). Only SOME police officers are accident investigators, although ALL officers can do a preliminary accident investigation, even for fatal accidents. A regular officer can arrest either driver based on witness statements if s/he suspects the driver is under the influence (a misdemeanor). Based on conversations I've had with police officers in other states, this is a pretty common requirement.

Property Damage accidents (no injuries, no fatalities, not Hit and Run) are taken as a public service. There is no legal requirement for law enforcement to take these reports. MOST police departments are eliminating them from their duties because of time constraints. (There are laws that require injury, fatal, school bus, etc. accidents be taken).

The driver of the other vehicle can still receive a citation for her driving if it was on a public street, witnessed by someone other than you and/or your passenger and/or your friend if it is sent to a police department accident investigator.

You don't have any recourse against the officer or the department. These types of accidents, property damage only, are often investigated by community service officers (non-sworn report takers without the power to cite for moving violations, or make arrests other than private person arrests).

Even if the officer observes a violation and/or an accident, writing any ticket is left entirely up to the descretion of the officer. That's why if a Highway Patrol Officer stops you, or a motorcycle officer in any city, plan on getting a ticket. It's what they do. Their motto, if it's good enough to stop, it's good enough to cite!! If s/he observes an accident and sees the violation s/he can recommend to the accident investigator that a citation be issued to the violator. But the officer did not observe your accident.

About a third of the drivers on the road today have no business driving. Driving a car, truck, motorcycle, etc, demands 100% of your attention, 100% of the time. Your accident is a perfect example. How do you NOT see a car, stopped in your lane, with the brake lights on, and the left turn signal flashing if you are paying attention. That is of course assuming your brake lights worked, and you had your signal on.

I've found that accidents rarely happen exactly the way either participant claims. It is in each ones interest that the other be found at fault.

Bryce

I think Katie above is jumping the gun a bit. But call the cophouse and ask to speak to a supervisor. Describe what happened and hopefully they can look up the incident and either tell you why no ticket was written or write her one.

Nym007

Kg and retro are absolutely correct. In addition, some police depts and sheriff's depts do not issue tickets at the scene for more serious accidents. I sense a bit of transference too. You really need to be concerning yourself with your civil suit for damages etc. Don't let your perceived 'transgression' affect what you need to do to get compensation. You have to come to terms that "these deputies" may have done exactly what you wished. The other possibility here is that the investigation may have revealed some violation on your part as well. With out having been there or with our reading the Deputies report, I cannot assume that you were cleared. In those cases, where both parties involved have made traffic violations, many officers do not cite. Either way, focus on what you CAN control, the civil aspect of this unfortunate incident.

Steve H

You'd be surprised by how many cops are propositioned to get out of tickets/fines. I bet this is the case.

smed

get a copy of your police report. hopefully you got all the insurance info. keep all your receipts from the doctor and car repair. take that person to small claims court and get reimbursed for all that you can. even the deductible from your insurance at the doctor. did you get the badge number of the officer? talk to the chief or sherriff and tell them the situation. if the other person drove wrecklessly or with negligence they should have been ticketed and fined and lost points on their liscence. you can probably get a free consultation froma lawyer to see if you have a case. good luck and gather all the evidence you can.

mike_in_tex

Obviously, she was much hotter looking than you are.

JoJoBa

Perhaps she knows the police officer and he gives her favor and let her go. Just go to the police department and file a complaint against the officer and they will investigate and response to you.

jaybird512

You have no "rights... against the officer" just because he did not write someone a ticket. Regardless of what the other posters say, calling internal affairs or a supervisor will not change that fact.

Damages incurred during vehicle collisions are civil matters, police officers are never required to write tickets, and if the officer did not witness the offense which caused the collision, then he cannot always write someone with certainty that he can defend in a criminal trial.

Consult an attorney and your insurance company.

Christy M

THE OFFICER HAS TO INVESTIGATE THE CRIME BEFORE PRESSING CHARGES. I'M SURE SHE WILL GET WHAT SHE DSESRVES, HOWEVER , CALL THE P.D. EVERYDAY UNTIL YOU KNOW FOR SURE SOMETHING IS DONE

bob h

You are not going to like this. In most, if not all states, it is illegal for a police officer to issue a citation for a misdemeanor they do not actually witness. Most people are not aware of this. Your officer followed the law, while most don't. I beat one ticket this way. My plea was not guilty. Then the judge asked the officer if he witnessed the accident. He said no & the case was dismissed.

Unless it is clear from the evidence at the scene or from witnesses what actually happened, a prudent cop will not issue a citation because he has more liability if he is wrong. Like it or not, your cop did the job he was hired to do. The insurance companies, lawyers, civil courts, & juries now have theirs to do, which is to establish blame & damages. Good luck. .

333

My car was involved in a hit and run, I saw it outside of my friends window, I knocked on the door across the street, and the dad called his daughter back on her cell. She admitted to the officer that she hit my car and drove away without stopping to alert me of the accident, tell her dad, call the police, go to a sub station, etc... And she still didn't get a ticket. I was very upset. If I didn't see her and she didn't get caught, I'd have $1700 in damages to my car and no one to take responsibility. I spoke to the offices sarg and leut and both said its the officers discresion, whether or not they want to write a ticket. The officer told me that tickets are too expensive and that's why he doesn't like to write them, yet I'm taking a $600 loss of damage to my car just so that it doesn't get totaled. I'm only getting $1100 from the ins because I agreed to try and fix the quarter panel instead of ordering a new one which would have put me at 1700 and totaled it, even though the body shop said its not repairable, but a way to keep my car. Sadly I feel it has a lot to do with socio-economics. I'm a 30 yr old caucasian female with a not so desirable car. And she was a 20 yr old causcasian female driving her daddy's car. If I were older and driving a brand new BMW, I guarantee she would have gotten a ticket. Or is she was a minority with a bandana around her head, she would have def gotten a ticket or have gone to jail for the misdemeanor charge. I hate saying this, but I looked up statistics and they prove it. We live in Jax, FL and 50% of the African American (AA) pop is incarcerated and yearly average of 77% of AA receive traffic tickets compared to only 54% caucasians.

Christina

My son was also in the same perdictament. he was making a left hand turn, and his car was totaled. The office was told by my husband that the speed posted is 30 miles and another sign stating blind intersection ahead. The other party was not givien a ticket for speeding. The officer indicated she was going 39 miles and the skid mark was 75 feet long. On the report he stated the posted speed is 40. I had to call the police station to report the wrongfully in ormation. They had to go oback out there to investigate and make a supplement report to make not of the speed posted. They did not issue her ticket for speeding. My son was ticketed for not yeilding to incoming traffic and not avoiding a accident. If the other pparty wasn't speeding she could of avoided the accident. It was obivious she was speeding with 75 feet of skid mark. My son only carried liabilty insurance, My question, who will pay for his damages on his car if the other party wssn't cited for speeding, but changes are being made to report of posted sign?

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