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周六带孩子上公园,有人污蔑我停车时撞了她的车。警察态度恶劣,根本不听我申辩。最后给了COLLISION REPORT, 没有TICKET, 所以上庭的机会都没有。请教一下到哪里可以申诉?多谢!

本文发表在 rolia.net 枫下论坛我写了申诉信,但是不知道交给谁。

以下是我申诉信的内容:

I brought my kids to the Murison park (On milner ave west bound, west of Morning side ave.) at around 7:00 pm on August 4, 2007, in my 1999 Ford Windstar (Plate no ...).

First I stopped my car at the road side behind this Infinity (Plate No nsxj591), then I heard the alarm rang from this car. I didn’t care because I don’t know why it sounded. Then because the sunshine is strong, I moved my car to park in a shade, in front of this car.

I have a witness of the whole thing. His name is ..., his phone number is ....

The driver called the police; two police officers came and gave an accident report against me. The report number is 19661. The officer’s badge number is 9132; the officer’s name is P.C. Collins; the officer is from division 42.

I can prove that there is no accident at all.
• I have a witness. Name ..., phone ...
• When you look at the cars closely, there is no matching scratch on my car.
• When Huang YenLing(the other driver) heard the alarm, she had to have looked at the car and done something to stop the alarm. Did she see me reverse my car? I mean if I hit her car, I have to reverse first to be able to pull out.

The officer didn’t give any evidence on the report to prove that I hit Huang YenLing’s car.

I have to complain about this because this has a huge impact on me:
• It damaged my trust of the police officer. This is the first time I dealt with a police officer. If I cannot trust a police officer, whom can I trust?
• It damaged my clear driving history
• My car may have an accident history because of this.
• I couldn’t sleep well after this; I cannot concentrate on anything without thinking of this. I still don’t understand how an officer can make a report without any evidence.


Following is the details:

I parked my car, and took my kids to the park to play. After maybe 15 minutes, this lady Huang YenLing approached my wife and blamed me of hitting her car. I am one hundred percent sure that I didn’t, because before I moved my car, I didn’t reverse it first. So I told her that I didn’t.

So she called the police, she then gave her phone to me and told me the police officer wanted to talk to me. The officer was trying to tell me what I should do. My English is not that good; I said ‘excuse me’ several times during the conversation. The officer became impatient. The last thing he said to me is ‘put her back on, you are useless’.

After another 20 minutes, two officers came. They talked to Huang YenLing for several minutes.

Then they approached me, saying ‘You hit her car.’
I said I didn’t.
They said ‘your car’s paint is on the bumper of her car.’
I said ‘how do you know that’s my paint, thousands of cars have the same color. Just think how many gold ford windstar out there.
They said ‘No, no, no, let’s not play this game.’
Then they pointed to a scratch on my car and said ‘this is brand new’
The scratch is more than 1 year old. My wife got that in the garage. It is much larger than the two tiny point on Huang’s car which she claimed hit by my car. And the position does not match the position on Huang’s car.
When I tried to explain these to the officers, they said ‘I am the investigator; I do not need to talk to you.’

Then they looked around my car, after a while, they asked me ‘do you know that it’s an offense to not report a collision?’
I said ‘yes I know, but there is no collision at all’
They said ‘you can work it out with the other driver’
I said ‘I won’t’
I asked ‘how can you tell that I hit the car?’
They said ‘there are a lot of scratches on your car, this leads us to think that you cannot drive.’


They also said they made the decision based on two points:
• When the officer said the paint on Huang’s car is mine, I asked how can they say it’s my paint, there are thousands of cars with the same color.
• When the officer asked if I heard the alarm, my wife said ‘you cannot determine the alarm is caused by us, there are many reasons the alarm can sound.’

I was not so worried at the time, because I thought if they charged me and gave me a ticket, I can appeal in the court.

But they didn’t give me a ticket relating to this non-exist accident. Instead they file a collision report.

I want to complaint about this report. They filed the report without any evidence. On the contrast, I have a witness who saw the whole thing.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 法律 / 周六带孩子上公园,有人污蔑我停车时撞了她的车。警察态度恶劣,根本不听我申辩。最后给了COLLISION REPORT, 没有TICKET, 所以上庭的机会都没有。请教一下到哪里可以申诉?多谢!
    本文发表在 rolia.net 枫下论坛我写了申诉信,但是不知道交给谁。

    以下是我申诉信的内容:

    I brought my kids to the Murison park (On milner ave west bound, west of Morning side ave.) at around 7:00 pm on August 4, 2007, in my 1999 Ford Windstar (Plate no ...).

    First I stopped my car at the road side behind this Infinity (Plate No nsxj591), then I heard the alarm rang from this car. I didn’t care because I don’t know why it sounded. Then because the sunshine is strong, I moved my car to park in a shade, in front of this car.

    I have a witness of the whole thing. His name is ..., his phone number is ....

    The driver called the police; two police officers came and gave an accident report against me. The report number is 19661. The officer’s badge number is 9132; the officer’s name is P.C. Collins; the officer is from division 42.

    I can prove that there is no accident at all.
    • I have a witness. Name ..., phone ...
    • When you look at the cars closely, there is no matching scratch on my car.
    • When Huang YenLing(the other driver) heard the alarm, she had to have looked at the car and done something to stop the alarm. Did she see me reverse my car? I mean if I hit her car, I have to reverse first to be able to pull out.

    The officer didn’t give any evidence on the report to prove that I hit Huang YenLing’s car.

    I have to complain about this because this has a huge impact on me:
    • It damaged my trust of the police officer. This is the first time I dealt with a police officer. If I cannot trust a police officer, whom can I trust?
    • It damaged my clear driving history
    • My car may have an accident history because of this.
    • I couldn’t sleep well after this; I cannot concentrate on anything without thinking of this. I still don’t understand how an officer can make a report without any evidence.


    Following is the details:

    I parked my car, and took my kids to the park to play. After maybe 15 minutes, this lady Huang YenLing approached my wife and blamed me of hitting her car. I am one hundred percent sure that I didn’t, because before I moved my car, I didn’t reverse it first. So I told her that I didn’t.

    So she called the police, she then gave her phone to me and told me the police officer wanted to talk to me. The officer was trying to tell me what I should do. My English is not that good; I said ‘excuse me’ several times during the conversation. The officer became impatient. The last thing he said to me is ‘put her back on, you are useless’.

    After another 20 minutes, two officers came. They talked to Huang YenLing for several minutes.

    Then they approached me, saying ‘You hit her car.’
    I said I didn’t.
    They said ‘your car’s paint is on the bumper of her car.’
    I said ‘how do you know that’s my paint, thousands of cars have the same color. Just think how many gold ford windstar out there.
    They said ‘No, no, no, let’s not play this game.’
    Then they pointed to a scratch on my car and said ‘this is brand new’
    The scratch is more than 1 year old. My wife got that in the garage. It is much larger than the two tiny point on Huang’s car which she claimed hit by my car. And the position does not match the position on Huang’s car.
    When I tried to explain these to the officers, they said ‘I am the investigator; I do not need to talk to you.’

    Then they looked around my car, after a while, they asked me ‘do you know that it’s an offense to not report a collision?’
    I said ‘yes I know, but there is no collision at all’
    They said ‘you can work it out with the other driver’
    I said ‘I won’t’
    I asked ‘how can you tell that I hit the car?’
    They said ‘there are a lot of scratches on your car, this leads us to think that you cannot drive.’


    They also said they made the decision based on two points:
    • When the officer said the paint on Huang’s car is mine, I asked how can they say it’s my paint, there are thousands of cars with the same color.
    • When the officer asked if I heard the alarm, my wife said ‘you cannot determine the alarm is caused by us, there are many reasons the alarm can sound.’

    I was not so worried at the time, because I thought if they charged me and gave me a ticket, I can appeal in the court.

    But they didn’t give me a ticket relating to this non-exist accident. Instead they file a collision report.

    I want to complaint about this report. They filed the report without any evidence. On the contrast, I have a witness who saw the whole thing.更多精彩文章及讨论,请光临枫下论坛 rolia.net
    • messy
    • 是不是要直接去警察局找他的上司?
    • I guess you are going the wrong way. A collision report doesn't mean you are at fault. There is nothing to complain about unless you aren't happy with the officer's attitude.
      Talk to your insurance company and give them your witness' information. They will make the decision whose fault it should be.

      Just keep in mind that anybody who is in your car as a passenger when the accident happens can NOT be a witness.
      • 多谢。我的朋友当时在公园里等我,看到了全过程。 他可以做证人吗?有没有可能因为他是我的朋友就不能做证人?另外,我同意大白呼的观点,我那“信写的也太那啥了”。
    • 事故双方都必须陈诉各自理由,警察说的不算。既然你有证人还怕她啥。不管怎样,你这信不能上交,写的也太那啥了点。