You are innocent until proven guilty!  You need to hire a car accident lawyer in San Jose, CA to deal with this. This seems to be completely rediculous.  You can come to court to challenge the charges.  The police report however, will control the state's atty decision unless it is poorly written and doesnt make logical sense.  If the deal that is offered is not acceptable to you and you cannot get it knocked down to an infraction as opposed to a misdemeanor, then you should ask the lawyer whether you should try the case and force the police to come to court and force the complainant to come to court to back up their stories.  Don't do this alone. Get a lawyer (http://www.attorneypages.com).