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Following too closely citation Atlanta, GA.Court date.Have right not to testify.5th amendment of Constitution?

  
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Following too closely citation Atlanta, GA.Court date.Have right not to testify.5th amendment of Constitution?

Postby ardwyad » Mon Apr 11, 2011 1:39 pm

Accussed for violating Georgia Law 40-6-49 .Got a "following too closely" citation highway in Atlanta, GA. It involves three cars. Mine was the third.When police came, the other two drivers said there was a traffic, and that i hit the back bumper of the car in the middle, the middle car hit the back bumper of the one in the front.The Police told me that the front car owner told him that there was a traffic and that he experienced one impact . So Police said if that is the case , I must have started the hitting from the back .
I was keeping a prudent distance.The middle car was too close to the one in the front. The middle car pressed the brakeand come to a complete stop.I will want to cross examine the cop: he didnt witness the accident, didnt know how fast the cars were driving, didnt know the distance between the cars.The middle car is too close to the car in the infront (Bumper to Bumper). Did I stand any chance?Am going to plead not guilty. Not Following too close.5th amendment
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Following too closely citation Atlanta, GA.Court date.Have right not to testify.5th amendment of Constitution?

Postby parnell » Mon Apr 11, 2011 1:47 pm

The prosecution has to make its case beyond a reasonable doubt. You don't have to testify. Consider what the judge would think if the only person to give his side of the story was the police or the drivers of the other cars. The general rule in cases like this is that if you rear ended the car in front of you, you were going too fast. What you could consider at trial is asking the judge to not allow the policeman to testify because he was not a witness. If your local library has a book about fighting your traffic ticket, check it out and read it. It is a good education all by itself.
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Following too closely citation Atlanta, GA.Court date.Have right not to testify.5th amendment of Constitution?

Postby denzell » Mon Apr 11, 2011 1:50 pm

No the 5th is only excepted in crime cases.
You can plead not guilty but you better have proof.
Yes you can question the cop,if he showes up.
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Following too closely citation Atlanta, GA.Court date.Have right not to testify.5th amendment of Constitution?

Postby wal49 » Mon Apr 11, 2011 1:59 pm

You can only take the fifth if your testimony will incriminate you in a crime, if you are not responsible for the accident and your testimony will not implicate you in another crime then you must answer any questions asked. Also, if you answer even one question after taking the fifth you lose the privilege. If you want to fight a ticket you are going to have to tell your story especially if you have no witnesses, and that will include answering some questions, unless you have enough knowledge of the law to tell a complete enough story to answer most if not all questions that come up, which I somehow doubt since you are citing the fifth amendment.
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