I had a traffice accident in the morning. Road was very slippery due to heavy snow from last night (All school and goverment center was closed). I was driving hwy (35~40 mph) with caution . But my car suddenly started to spinning and I lost control . I think there was ice on the road. Anyway, while my car was spinning, the car coming from behind(actually, I didn't see it) hit my car then my car stopped and was stuck in the pile of snow on the side road. Another driver was OK and her car wasn't damaged that much. and then about 30 minutes later State police came and I reported exactly what happened to him. After 10 minutes later he came to me and gave me citation which is Reckless driving-Failure to maintain control. I think it's really unfair and unjustified that police gave me that citation. I did lose the control but I did my best under my power to drive safe. It wasn't reckless driving. Is there any hope that Judge dismiss my citation? I'm very worried and angry with that police.
2007-02-14 14:05:56 · 9 answers · asked by janet 1 in Politics & Government ➔ Law Enforcement & Police
Well there was ice- you DIDNT see other vehicles and you were driving 40mph.. yeah on ice thats wreckless. Dont be mad at the police- be mad at yourself for driving too fast on unsafe road conditions and be mad at the road workers that didnt salt the road properly. you can go before a judge and explain you hit ice and you had no choice but to do what you did.. maybe they will drop it, If the car Behind you hit you, they should have gotten a citation also... for wreckless driving, or failure to stop at least.
2007-02-14 14:12:52 · answer #1 · answered by ChrissyLicious 6 · 0⤊ 1⤋
I'll tell you what happened to me a few years ago. I was pulling out of a 7-11 not to far from my house and had to cross the lane of traffic going northbound and through the median to get into the southbound lanes. As I pulled into the median and was watching traffic to try to merge in, a pedistrian ran across the road as I was starting to increase my speed to enter the traffic. I hit him with the front of my car and he bounced up on to my windshield. I hit my brakes and he fell onto the ground in front of my car. A few people saw the accident and called 911. The police and an ambulence came a couple of minutes later and hauled the guy off to the hospital. The cop had me pull my car off the road into a nearby parking lot and asked me questions. He took my license and ran it through the computer. When he came back he cited me for reckless driving. I pointed out that the pedistrian had crossed the road where there was no crosswalk and if I was being citied for reckless driving, then he should be cited for jaywalking. The cop agreed with me. Anyway, I reported the whole thing to my insurance company and had to pay the $500 deductable. From day one, I held on to everything (including the paper clippings) I could find having to do with the accident. I also did some investigating and found out that the guy that ran across the road was on drugs and had a prior criminal history. Long story short, I wasn't able to appear in court (I was in the process of going to work overseas) and was told I could write a letter with testimony in place of going to court. The judge dismissed the ticket. Now your situation is a bit different, but I think if you play your cards right and present your case and are respectful of the judge, you could get the ticket lowered to a lessor offense and get the fine reduced. I don't think you'll get the whole thing thrown out though. At least go to court and see what the judge is willing to do though.
2016-05-24 00:33:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Even if you are operating a motor vehicle at or below the posted speed limit does not mean it is safe to travel on the road at the speed. You must travel at a rate of speed that is safe to do so. You must factor in time of day, other traffic, road conditions, weather conditions, the condition of YOUR vehicle (tire tread, brakes, etc.)
I was involved in an accident at a red light. I was hit in the rear which pushed me into the car in front of me. She (driver of car I hit) sued me and the guy that hit me. I was cited for failure to maintain control of vehicle also. Not my fault but I was unable to avoid the accident. I was finally dismissed from the suit and found to not be liable and a motion for summary judgement of no fault was issued to me by the judge. Now for the guy that hit me, who knows about him. He is gonna have to pay the girl that I hit and he will probably get sued by my insurance company since I was the only one of the three that had insurance.
The civil lawsuit process lasted for a year and a half before I was taken off the suit. Who knows how much longer it will drag out. I dont really care now.
2007-02-14 14:39:41 · answer #3 · answered by Stu 1 · 0⤊ 0⤋
Obviously, since you lost control of your vehicle, you were guilty of failure to maintain control of your vehicle, right? What's the problem?
Would the accident have occured had you been going slower? If so, maybe it was reckless of you to be on the road at all, considering your inability to drive safely in theose weather conditions.
If you had slid off the road and killed a kid instead of hitting a snow bank, would you still argue that it wasn't your fault?
2007-02-14 14:54:56 · answer #4 · answered by wuxxler 5 · 1⤊ 0⤋
As a driver you have to maintain control of the vehicle at all times and take the appropriate cautions. You say you were drive 30-40 and now you know that that was too fast to drive. "But my car suddenly started spinning and I lost control"- you admit you lost control and that's what you were cited for.
It doesn't matter how you lost control, you have to maintain control.
2007-02-14 14:42:38 · answer #5 · answered by Χαλαρά 7 · 0⤊ 0⤋
I think that is called driving too fast for conditions. Although you thought you were being careful the conditions were worse than you thought.
The person behind you probably didn't get a citation because had you not lost control, they wouldn't have hit you.
Good luck.
2007-02-14 14:16:34 · answer #6 · answered by PD 2 · 0⤊ 0⤋
35-40 mph? OMG you are wreckless. I'm sure we had the same heavy snow that you had. I had trouble going 25mph on the freeway. I was laughing seeing this little subcompact cars with the little toy 13" tires flying past me. One little hump of snow and that car would've been like a missle out of control.
2007-02-14 14:17:26 · answer #7 · answered by SharpGuy 6 · 0⤊ 0⤋
You were operating your vehicle in a reckless manor based on the road conditions.....You might get lucky and have the fine reduced....Go to court and plead your case.
2007-02-14 23:46:21 · answer #8 · answered by Tom M 3 · 0⤊ 0⤋
yeah it's reckless by driving too fast for the conditions of the roads. you can fight it in court. good luck.
2007-02-14 18:40:33 · answer #9 · answered by blueflash 3 · 0⤊ 0⤋