Court date for traffic offense, freaked out

[WishfulSpirit]

Hi everyone

So I have to go to court on August 2nd. Last month I was driving the shuttle for the hotel where I worked, was thinking about what I needed to do when I got back to the hotel, and cut a corner too close, hitting a parked car in a parking lot with cameras. I left a note because I had to get back to work but (according to the cop) the other guy says I didn't.

I was cited for careless driving (true) and in my state that's a class 2 misdemeanor. I looked it up and there's possible jail time, which (if I got that) would mean losing the job I just started (fired from the old one after the accident, which I deserved) and probably losing our home.

My plan at this point is to show up dressed respectfully (business suit and dark blouse) and with a written apology to the party I hit, and take full responsibility. I know it's unlikely I'll get jail time (they'd probably rather make money from my paying a fine than have taxpayers pay to incarcerate my butt) but since I have mental health issues that involve periodic anxiety and assuming the worst case will always happen, I'm still super freaked. My mom even offered to come with me and my disabled husband.

Helps?

EDIT: FUN LEGAL STUFF (maybe will help someone)

The United States Supreme Court case Scott Vs. Illinois (1979) prohibited jail time for misdemeanor offenses if the offender was not represented by an attorney during proceedings UNLESS said person specifically waived right to council (the ruling also covered more serious offenses, but that doesn't apply to my situation, as Careless Driving is a Class II Misdemeanor). So basically for something could be punished by a fine, jail or both, they don't have to give you a lawyer, but they can't impose jail time if you don't have one.

In 2016, The State of Colorado banned jail time in lieu of (or as a punishment for) unpaid court fees or fines.

So I should be OK

[Pixelated]

I'm so sorry to hear about this! Accidents happen, and stress is never a good thing.

Do you have a lawyer to represent you in this? I'm asking because I've always heard it's never a good idea to bring something like a written apology (yeah, I know, that's what makes the whole legal process so hostile and toxic ... not saying I agree with it; it's just what I've heard). Check with a lawyer, if at all possible, before you show up with that written apology.

Since your mom has offered to come with you, if you feel it will help, definitely accept her offer.

Are you in any kind of counselling? If not, can you get into some, fairly quickly? It might help to manage your anxiety until your court appearance.

Your decision to show up dressed neatly and business-like is an excellent one. You're likely quite right in saying they won't jail you for a first offence, and especially since you're not contesting the matter (and thus accepting responsibility).

Come here and vent anytime you need to.

[WishfulSpirit]

Yeah was thinking about it. The person pressing charges isn't the person I hit, the city is pressing charges, so no communication from me will get through to them. I plan to plead guilty and see if I can get the charge knocked down. I did talk to a lawyer but I can't afford his fee. Some research I have done says I should bring a copy of my (clean until now) driving record to show this is a first offense and I'm not habitually driving like a maniac. I recently had a background check done for my new job too, so maybe I'll bring that as a "character witness" (it's also totally clean). I do see a therapist but I can't get in to see her before my appearance. There's always the crisis chatline if I need it though.

[csquared]

I would try and contact the DA - Traffic Division for the city. Explain your anxieties and say that you would like to work this out in a less stressful environment than a courtroom. You might be surprised by how willing they are to work with you. They want to stay out of the courtroom as much as possible also.

Disclaimer: I am not a lawyer. I did NOT stay at a Holiday Inn Express last night.
They say to never apologies at the scene of an accident. It is an admission of guilt. You are pleading guilty. A letter of apology shows remorse.

Good luck.

[kaherbert]

Check with your local Bar association, they sometimes have a list of lawyers that help out on these types of cases pro bono or for a very small charge. I know here the local bar association advertises this when you get jury duty.

[Pixelated]

They say to never apologies at the scene of an accident. It is an admission of guilt. You are pleading guilty. A letter of apology shows remorse.

Good luck.

That's a good point. I do know you should never acknowledge guilt at the scene; just wasn't so sure about the court setting. So far the accidents I've had have all involved me hitting curbs, posts, etc. ... luckily nothing that ever wanted to fight back.

[WishfulSpirit]

Should have done the "looking for pro bono rep" a month ago but was too busy looking for another job. Thinking about it, I think the possible "jail" penalty is for "this is the 4th time in 2 months you've done this and now you're swearing at the judge" and not "your driving record and criminal record is cleaner than the clean room at Cern and you're being respectful." I am going to bring both though.

[Shannarah]

So - you hit a car in a parking lot with cameras...
Cameras that were good enough to get your licence plate.
Wouldn't these cameras be good enough quality to show you leaving the note on the other car?

[WishfulSpirit]

Good question Savanah. The issue is I was driving the shuttle for the hotel where I work. AFAIK, the cameras didn't get the license plate, they got the name of my hotel (which is printed in 3ft letters on the side of the van). That's immaterial anyway, I'm going to plead guilty so any evidence the other side has won't matter much. There's no way I could win this, my best bet is to pay the fine and everyone can get on with their lives. I don't own a private vehicle anyway, so increased insurance rates don't really matter (don't need car insurance if you don't drive) and my current job doesn't require a driving license.

[sstabeler]

I wouldn't be worried.
1) AFAIK, they basically never give the worst possible punishment if you're pleading guilty at the first opportunity.
2) you are clearly remorseful that this happened, which helps quite a bit.
3) clipping the curve isn't THAT careless. Jail time is more usual when the line between careless driving and dangerous driving gets blurred.

[Kit-Ginevra]

It was an accident-they won't be locking you up. That I would assume would come in if you were driving drunk,driving under the influence of something,driving over the speed limit,hitting a person,failing to stop after an accident-none of which you did.
I'm willing to bet it will be plead guilty,show remorse,slap on the wrists,fine,don't do that again...

[taxguykarl]

That was the case, the last time I went to traffic court over an accident. Dress like you're going to an office job interview, plead guilty, answer the judge's questions as completely as possible and get off easy (i.e. fine of at most low 3 figures).

[Weaselwise]

Sending positive thoughts your way for today xx

[taxguykarl]

How did it go, WS? Or was there a continuance?