Victory !! ( accident ticket was dismissed )

[John Tumas]

   It's been some time since I last posted to the list. Work & getting ready
with a defense has consumed most of my time.
  On Feb. 8 , 2002 my ticket was dismissed after the second court hearing.
As short as I can make it , what happened was that my story was the more
believable of the two.
  Going into the first hearing the police tried a dirty tactic by notifying
us they had subpoenaed a witness , & this was just 2 days before the hearing
was scheduled !! It gave me no chance to get time off from work to appear &
testify. It blew up in their face when they couldn't find the witness. My
attorney tried to get it thrown out of court , but the police officer
wouldn't admit that he was wrong in his conclusion. He requested , & was
given , three weeks to find the witness. Good luck ;-).
     I did a little research on the *witness* who got out of the car &
claimed to have been driving along side of me when this all went down. The
reason he couldn't be found was that he gave a false address on the police
report !! The street doesn't exist in this town , or the county either. If
the officer had only asked to see the car he claimed to have been driving ,
or asked for I.D , this whole thing wouldn't have gotten as far as it did.
     The other thing that really bothers me is that the officer couldn't
comprehend that the reason the damage was underneath the rear bumper , & not
at or above it , was that when I was cut off the driver hit the brakes so
hard that the car nose dived violently sending the tail high in the air.
    All in all , things worked out in the end. Now I have to get my
insurance company to collect reimbursement from All State for both cars.If
anyone has any tips on getting this done , please e-mail me.

   -John Tumas