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This is in Northville, 35th district court. My son is 16 and has a level 1 license. This means he can drive with restrictions (no more than 1 person in the car, not past 10 at night, etc) for a year, then he gets a regular license with no restrictions. So he's driving in Northville on a very snowy evening. First time driving in snow. Skids at a stoplight and just bumps someones side mirror with his side mirror - causes a small scratch to other mirror. Girl wants to call cops, cops come and give my son a ticket for "failed to use due care and/or caution - accident". $150 fine and 2 points. Cops says that he is documenting conditions, the very small amount of damage, and the fact he's a new driver because he says that he wants my son to fight it, and he has a "good chance" of having it waived. Cop says he has to write ticket due to damage - dept policy.
So, he has 3 choices:
1) Admit responsibility
2) Admit responsibility with explanation. He can write his explanation, mail it in, and see what happens. OR
3) Deny responsibility. For this he has to show up in person. Difficult due to school and swim practice before and after. He would have to skip school to do this, not too big a deal.
The object here is to get fines and/or points waived. He's obviously guilty, so I think denying responsibility might just piss off the magistrate. What is the best way to get the fine/points waived?
Fight the man.
Seriously. Fight it in person.
I can't offer you anything helpful here...but what kind of person calls the cops for a minor scratch on a mirror? She does not sound hot.
tRCMB - Visit at your own risk of being disgusted.
Probably someone who doesn't understand that getting a repaint at Maaco will be way less than an insurance deductible.
Seriously. That should be a dirt cheap touch up. I had a whole bumper fascia replaced and repainted for less than $500, and didn't bother to get the cops involved for that.
hoke- to alter or manipulate so as to give a deceptively or superficially improved quality or value.
go see the magistrate...most likely first offense they will let him plea to something else with no points that will cost around the same as his current ticket. If that does not work, get an informal hearing with a judge. The prosecuting attorney will give you a deal before you have to go see the judge. The judge would be annoyed for having to see a case as small as this one. These have been my experiences anyway.
#3. Take son to court. Jacket and tie and parent in tow.
Eliminate "like", "ya know", "dude" from the conversation with the judge.
Prepare to pay fine but have points waived.
She was only 18, probably her first "accident". My son offered her $75 cash on the spot before the cops were called. She refused. It was a 1985 Honda - almost 20 yr piece of shit car.
Your 16 year old son offered $75 cash after getting in an accident?
I guarantee that car isn't worth a total of $75.
Do they offer "Advisement" to kids still? If you go a year without incident, the points will never get reported. Still have to pay the fine.
Yes. He officiated 6 basketball games that day and had a wad of cash on him.
We had heard something like this. One of his friends sister had to write a 5 page essay and the points were waived. I would be fine with that as my son is paying the fine, not me.
I don't think I would have had the balls to offer cash at that age.
He is almost done with his 1 year probation. he knows that if this ticket sticks, it's another year of probation and the restrictions mentioned in the original post. He couldn't believe the girl refused the cash. To be honest, I can't either.
More than likely the girl's parents probably told her that if she was ever in an accident to call the police.
Obviously she didn't take into account the car, the damage, and the hassle of filing a report. Hope it works out for your son. I remember those restricted licenses. They were a major buzz kill.
I think you're probably right....
Hire an attorney. Too much at stake. First, he can't move up graduated license ladder. Second. any points can cause him to be called into the SOS and get possible additional restrictions. Points at his age are gonna cause already sky high premiums to go even higher. Last, if he ever gets another ticket, the prosecutor is gone look at his driving record snd have no sympathy "cause the kid doesn't get it. NEVER EVER pay a ticket in Michigan. At worse, don't hire an attorney and deny responsibility and when it comes up for court, be respectful and plead for sympathy from the prosecutor or cop. don't go to the magistrate, it is not there job to reduce tickets.
Fight it? Your kid is guilty and should be on a restricted license for another 12 months. I don't hit other cars when it's snowing. He's obviously inexperienced. Option 2 is your only real choice.
This is a good idea although I doubt that you will see the prosecutor on a ticket.
No choice but to admit responsibility with an explanation. They may lower the fine and possibly the points.
I agree. I'm not saying my son isn't guilty. The only reason we want to fight it is becasue the cop basically told us to (or at least strongly suggested it). I just wish their was an option for admitting guilt with an explanation in person. The only way you can admit guilt with an explanation is with a letter, and that just deosn't seem like it would be very persuasive to me. Plus, I think it would be a good life lesson for my son to have to stand there and explain himself to The Man.
Fight the ticket. If she doesn't show up to say what happened it's going to get kicked. I doubt she's going to want to bother showing up and taking two hours out of her life if the damage is as little as you say it is. Screw the nobility about fighting the man, your fricking car insurance is going to go up about 3-400 per year for the next 5-6 years if this ticket sticks. God forbid your kid is in a second accident in the next 24 months, because then you're going to get your insurance cancelled.
This post has been edited 2 times, most recently by vator88 14 months ago
If your son is a ref, clearly he is blind and shouldn't be driving.
Fight the ticket in person. Shirt, Tie, parent. Find out if "blockading/impeding traffic," a non-moving violation without any points or insurance increase, would effect his probationary status. If it would not, tell the city/twp attorney the officer said he had to write the ticket due to the negligible damage but encouraged you to fight it. He should give you the blockading. If it effects his status beg to have it dropped.
And the next time it snows, take your kid to an empty parking lot and have him do some donuts so he learns to drive in snow.
Definitely fight it. If you go with option 2, they would probably just take the money and take off the points. What else do you have to lose?
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