My question involves a traffic ticket from the state of: New Hampshire
This is my second (related) question. The offense was for "Unsafe Backing" on a private parking lot.
I was backing up extremely carefully and slowly. The parking lot has 10 MPH posted. The drive way has a pronounced curve restricting visibility of cars coming down the driveway. The drive way is in a NURSING HOME. I am a licensed nursing assistant and habitually drive very safe.
The second car was going at least 20 MPH. He did not apply brakes and leave skid marks, he did not swerve to avoid.
A witness who stayed until the police arrived stated although she did not see the accident, she saw the vehcile shortly before impact and that it was traveling at a "great speed." I told the police officer there was a second witness who had left, but wanted to testify. The police officer never contacted her. I did get an affidavit.
The witness testified in the affidavit: that she witnessed the accident. That I was backing up slowly. That the other car was traveling very fast, much too fast for a nursing home, and was going at least twice what he should have. That the driver appeared distracted and inattentive.
Also, there were no skid marks, and no evidence the driver attempted to swerve and miss me.
The police report stated the other car had only a "minor scratch," while my car's "rear bumper was very damaged from the far left side to the far right side."
The other driver was coming to pick up his wife and mother to go out and was apparently late and in a hurry.
I was given an Unsafe Backing complaint.
The police report gave no mention of facts, just statements from me and the other driver, and also the one witness statement. I later sent a copy of the affidavit to the Police Chief.
To me, there was a complete lack of establishing "prima facie evidence to support the charge." Other than the other driver's statement, there was no evidence/facts cited in the police report to establish "unsafe" or negligent backing.
I wish to file a Motion to Dismiss for failure of evidence to support the offense charged. I don't see that NH uses the term "prima facie evidence" or "prima facit case."
How can I go about trying to find out what language to use to basically state in a motion:
"The police officer failed to investigate. There was multiple evidence of the other driver being at fault. The police officer in her report did not even cite evidence to support that I was driving unsafely or negligently.
The police officer used the following logic: I was backing up, the other car hit me, therefore I was driving unsafely.
NH RSA 265:94 Limitations on Backing states: “I. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled access way.”
This is my second (related) question. The offense was for "Unsafe Backing" on a private parking lot.
I was backing up extremely carefully and slowly. The parking lot has 10 MPH posted. The drive way has a pronounced curve restricting visibility of cars coming down the driveway. The drive way is in a NURSING HOME. I am a licensed nursing assistant and habitually drive very safe.
The second car was going at least 20 MPH. He did not apply brakes and leave skid marks, he did not swerve to avoid.
A witness who stayed until the police arrived stated although she did not see the accident, she saw the vehcile shortly before impact and that it was traveling at a "great speed." I told the police officer there was a second witness who had left, but wanted to testify. The police officer never contacted her. I did get an affidavit.
The witness testified in the affidavit: that she witnessed the accident. That I was backing up slowly. That the other car was traveling very fast, much too fast for a nursing home, and was going at least twice what he should have. That the driver appeared distracted and inattentive.
Also, there were no skid marks, and no evidence the driver attempted to swerve and miss me.
The police report stated the other car had only a "minor scratch," while my car's "rear bumper was very damaged from the far left side to the far right side."
The other driver was coming to pick up his wife and mother to go out and was apparently late and in a hurry.
I was given an Unsafe Backing complaint.
The police report gave no mention of facts, just statements from me and the other driver, and also the one witness statement. I later sent a copy of the affidavit to the Police Chief.
To me, there was a complete lack of establishing "prima facie evidence to support the charge." Other than the other driver's statement, there was no evidence/facts cited in the police report to establish "unsafe" or negligent backing.
I wish to file a Motion to Dismiss for failure of evidence to support the offense charged. I don't see that NH uses the term "prima facie evidence" or "prima facit case."
How can I go about trying to find out what language to use to basically state in a motion:
"The police officer failed to investigate. There was multiple evidence of the other driver being at fault. The police officer in her report did not even cite evidence to support that I was driving unsafely or negligently.
The police officer used the following logic: I was backing up, the other car hit me, therefore I was driving unsafely.
NH RSA 265:94 Limitations on Backing states: “I. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled access way.”
Other Violations: Police Issuing a Complaint Without "Pprima Facie" Evidence to Support the Charge
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