Witnesses box not checked - is other driver not a witness?

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C_B
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Witnesses box not checked - is other driver not a witness?

by: C_B on
Fri Nov 15, 2013 10:27 am

Hello,

Received a ticket for careless following a collision. On the ticket Y/O is indicated for collision involved, but is not indicated for witnesses. Is the driver who's car I hit, not a witness?

The prosecutor's case will be difficult to prove, and impossible without her I would think.

I do not yet have the disclosure from the prosecutor, so I do not know if she is identified there as a witness, but can't imagine she wouldn't be. Does it matter that the officer did not indicate that there was a witness?

Thank you for the clarification.


Stanton
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by: Stanton on
Fri Nov 15, 2013 12:07 pm

You're correct. The other driver is considered a witness and would be required at trial. The box on the ticket was probably left blank in error, though it's not the type of error that would nullify the ticket. The prosecutor will most likely review the officer's notes and accident report prior to trial and see that the other driver is required for Court.


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