[ale] OT: Court tomorrow

[Christopher Fowler]

You are wrong about having to receive a citation.  As I said before I
was in an accident earlier and did not receive a citation.

As far as OJ's concerned I feel the civil trial was in a way double
jeopardy.


On Mon, 2004-11-15 at 17:17, Greg wrote:
> You are in a land that has 2 different systems - criminal and civil law.
> Under civil law (torts) you are responsible to the victim for damages and
> under civil law (contract) your insurer has to pay for the bills (note - be
> sure to ask for "diminishment of value" from your insurer).  Under criminal
> law you pay the courts for this misdeed (under whatever the cop writes up or
> the judge decides), which represents the people.  Yes, it seems you are
> being dinged twice - just like OJ was 1-1 and Klaus Bulow (?) got hit by the
> in-laws and the insurance company in a civil suit without any criminal
> trial.  Is it fair ?  Well, I dunno.  Seems to me you have already paid your
> debt to society, but no one cares what I think.  Besides, what do we do
> about those who run red lights but don't cause accidents ?  Wait until they
> run over a kid and expect the civil suit to mete out punishment ?  The "no
> blood no foul" rule on the basketball court/school yard/soccer pitch seems a
> little ... hummm "risky" to use in modern society.  This dual system has
> been in place since the beginning and shows no end in sight.
> 
> I wasn't aware that you couldn't plead nolo contendre only once every 5
> yrs - sounds kinda crazy to me, but again, no one asked me.  Yes, you are in
> a bind and I don't wish you any ill will.  I guess that's just the system
> and you can only minimize your exposure.  Personally I would pay the fine
> (knowing that in court I am going to lose) and thus at least saving myself
> the cost of court.
> 
> ... and BTW, yes, hitting someone in GA *does* warrant a citation - every
> single time - that's the law.  The people want it that way and the cop's job
> is to enforce it - without prejudice.  And as this isn't Mexico I kinda
> think the cop isn't getting "his piece of the action" out of it.  To him/her
> it's just another part of the job.  AFAIK cops in GA are not paid on
> commission.   When you violate the law you must expect to be called on it,
> unless you subscribe to being above it.  Your payment of the civil costs is
> only what is expected and fair under civil law and nothing done under civil
> law gets you out of the criminal law's prosecution.  Don't confuse the two.
> 
> Kudo's to accepting your responsibilities under civil law but ... yes ...
> the people now want you to answer for your crimes ... (and no, I don't blame
> you for trying to avoid paying (more)) ... that's your right here in the US,
> but this *is* pretty ho hum every day stuff to the DA, the courts, and the
> cop and I really feel you have no case.  But to paraphrase Voltaire - I will
> fight for your right to be heard.
> 
> ... and if you need more time you need to file a continuance errr ...
> "should have" filed a continuance. I know Cobb county has a huge website on
> court matters with lots of stuff for do-it-yourselfers.  Including a 25
> minute video.  Don't know about Gwinnett.
> 
> G'day,
> 
> Greg
> 
> -----Original Message-----
> From: ale-bounces at ale.org [mailto:ale-bounces at ale.org]On Behalf Of
> Christopher Fowler
> Sent: Monday, November 15, 2004 3:04 PM
> To: Atlanta Linux Enthusiasts
> Subject: RE: [ale] OT: Court tomorrow
> 
> 
> On Mon, 2004-11-15 at 14:40, Greg wrote:
> > I would suggest that the most obvious/simple explanation is the actual
> > explanation - that traffic court is to punish those who violate traffic
> > laws.  Fault (unless it's a no-fault state) must be determined because
> they
> > who commit the crime shall pay for all expenses and need to be punished
> for
> > justice's sake.  Having a car presently in the shop due to an idiot's
> > driving I'm glad of the present system as opposed to *me* the victim
> having
> > to go to court to prove the obvious.  In my case he lost control and
> skidded
> > across 2 lanes and the median to hit me while I was stationary at light.
> > The idiot then tried to blame it on the recent rain and slick road
> > conditions rather then either saying nothing or taking responsibility for
> > his actions.  Insurance companies as well as justice require a person
> whose
> > fault caused the incident.  While in some places it is a "money making
> > scheme" I would suggest that it is not that way in all places.
> >
> > In this instance we have nothing more than a person who is trying to avoid
> > his responsibility for causing an accident by trying to play jail house
> > lawyer (lots of folks like to do this and it makes them look pretty funny
> > when they go up against a real lawyer in court) and looking for a
> > technicality rather than being a stand up guy and saying "It's my fault
> and
> > I will pay the consequences - no need to cause the public further expense
> > and inconvenience".  The deal to plead nolo contendre and avoid the fine
> was
> > a hell of a good thing for the people's attorney (DA ?  in VA they are the
> > "commonwealth's attorney) to offer the original poster.  That in itself
> > seems to void the advice of your jaded lawyer friend.  I would advise
> taking
> > the "gift".
> 
> WTF?  I fixed their car and I took blame for hitting them.  That does
> not warrant a citation.  I do not appreciate you making a general
> statement as if I was trying to get out of the whole thing including
> fixing their car.  It hit the person I fixed their car.  That's not good
> enough for the cop.  He wants his piece of the action.
> 
> NOLO can only be used once every 5 years.  Save it on something that is
> big like speeding.
> 
> 
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