Giannini doesn't appear in court for traffic ticket - FOX13 News, WHBQ FOX 13

Giannini doesn't appear in court for traffic ticket

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DOWNTOWN MEMPHIS, Tenn. (FOX13) -

He wants his day in court and will have it next month.

Former Shelby County Election Commission Chairman Bill Giannini could be planning to fight the traffic ticket he received after being involved in a fatal accident in Shelby County.

The December 2012 accident caused a three-vehicle collision that killed an 8-year-old boy from Memphis and sent the boy's relative to the hospital.

MORE: Giannini cited for December 2012 fatal accident
MORE: Giannini won't be charged in deadly December 2012 crash

Giannini did not show up in court Tuesday and the case was continued at the request of the prosecution. It appears Giannini will not plead guilty because it could hurt him if there is a civil suit.

Giannini's ticket for failure to exercise due care was written by a Tennessee Highway Patrol trooper nearly seven months after the fatal car crash, and days after Shelby County District Attorney Amy Weirich decided not press charges in the case.

According to the accident report Giannini, now an assistant commissioner with the Department of Commerce and Insurance, plowed into a car of family members who were returning from a holiday shopping trip in Nashville, after not realizing that traffic had slowed down in front of him because of an accident.

A data recorder showed the assistant commissioner was traveling at 70 miles per hour. He told state troopers in the accident report that he reached down to pick up his sunglasses.

"Then it would an admission on his client's part of some wrongdoing and they can't afford to do that at this point with a civil matter pending," said FOX13 News legal analyst Caren Nichol. "Even if he is found guilty, at least he hasn't made an admission that can be used against him in another court matter."

The attorney representing Mr. Giannini declined to comment on the case and the accident.

It is doubtful the former Shelby County Election Commission chairman will show up for his next traffic court date because he doesn't have to.

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