horsepower
WaterRider/Landsurfer
1) Google CVC 200002(a) and follow the Shouselaw link.
Shouselaw will give you a great overview of what you are up against. In essence she faces a $1000 fine, which is standard judgment, plus points, regardless of whether your insurance co settles.
2) Your only affirmative defense here was that your wife claims she didn't know what she did and therefore there was no willfulness or malice (mens rea) despite the crime having been apparently committed. However, in most traffic court cases mens rea does not apply.
3) don't bother with getting letters of recommendation as to her "good character"...it has nothing to do with the case and, as posted, good people do bad things all the time, even just once. You have a very good way of presenting your case in your posts . the details of the minimal damage to both cars and the noises to support her innocence etc is far more important than her character here. But as Stan and others pointed out, the timing of her exit and her denying time and place to the officers doesn't look good; it will be up to defendant/ your lawyer to point out that one's mind can be changed at any point in the postal process, doesn't mean there was willful negligence or malice involved.
4) DO a free consult with a lawyer!! These cases are the bread and butter of the court system. They count on People to accept the std $1000 spanking and move on in most cases. If you go it yourself in pro per, be sure to research the absolute plethora of case law on VC 20002 (a) that focuses on a lack of knowledge of the property damage.
Shouselaw will give you a great overview of what you are up against. In essence she faces a $1000 fine, which is standard judgment, plus points, regardless of whether your insurance co settles.
2) Your only affirmative defense here was that your wife claims she didn't know what she did and therefore there was no willfulness or malice (mens rea) despite the crime having been apparently committed. However, in most traffic court cases mens rea does not apply.
3) don't bother with getting letters of recommendation as to her "good character"...it has nothing to do with the case and, as posted, good people do bad things all the time, even just once. You have a very good way of presenting your case in your posts . the details of the minimal damage to both cars and the noises to support her innocence etc is far more important than her character here. But as Stan and others pointed out, the timing of her exit and her denying time and place to the officers doesn't look good; it will be up to defendant/ your lawyer to point out that one's mind can be changed at any point in the postal process, doesn't mean there was willful negligence or malice involved.
4) DO a free consult with a lawyer!! These cases are the bread and butter of the court system. They count on People to accept the std $1000 spanking and move on in most cases. If you go it yourself in pro per, be sure to research the absolute plethora of case law on VC 20002 (a) that focuses on a lack of knowledge of the property damage.
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