NH的小法庭的庭前調解律師,看了我的文件和當時的警察寫的報告,還有我那天的那個時段的
電話記錄(那一個小時,沒打電話,沒發短信),她說,她可以把罰款從124降到62,問我願不願意。
我回答她,雖然我沒違法,如果我的車保險不受影響,我願意,
她剛給我回郵件,她認為不會受影響,要我確認。
我也不知道保險會不會受影響,我也不想打電話給保險公司,我擔心留下記錄,
請問,我這種情況,我以後的保費會增加嗎?
你們覺得我應該接受嗎?
律師寫給我的:
I have now had the opportunity to review your entire file. Your version of events is directly in contrast to the observations of Sergeant Fiffield. The charge will not be dismissed. However, I would be willing to work with you on the amount of the fine to be imposed. It is currently a $124 fine. I would be willing to reduce the fine to $62. If that is acceptable to you, please let me know. Otherwise, I will see you in court next week.
我回律師的:
I appreciate your observation that Sergeant Fiffield's account differs from
mine. I didn't know he followed me for a 1/4 mile because there were other
cars between us. Having done nothing wrong, I didn't realize it had to do
with me until he was right in back of me.
I understand we rely upon our police in part for their acute skills of
observation. Accordingly, it is well known that they tend to be given the
benefit of the doubt in court. And yet I know I never, never use my phone
while driving unless it is hands free.
Given these facts, the only explanation that agrees with both the
Sergeant's and my accounts is that I may have held the phone higher
than I remember when moving it into position to plug it in. He says I held it
but not that I held it to my ear. Correct me please if I am wrong but the law
says it is not an offense to hold it merely to activate it. Therefore. I feel I
have no choice but to hope the judge will believe me when I swear I never
did use the phone in violation of the statute.
Besides that I am innocent, the most concerning thing to me is that this
might negatively affect my driving record for insurance purposes. I would
gladly pay the fine as you suggest except for that.
律師剛回我的:
It is certainly your right to leave it up to the judge. Just so you know, that trial will not be on Thursday. You will need to come to the pre-trial hearing and request a trial date, if that is your ultimate request. As for insurance, I do not believe that a single instance of a non-moving violation has any impact on insurance. You may want to confirm that for yourself before Thursday’s hearing。