Does the Police Officer have to see you lose control?

Question

I was stuck in the snow after avoiding an accident on the highway in Ohio, I was waiting on the tow truck to pull me out and a Police Officer gave me a ticket for operating without reasonable control. Can this charge be dismissed or amended?

Answer 1

If I am interpreting your question correctly, you swerved to avoid an accident that had already happened on the road in front of you? This sounds a little trumped up and slightly unreasonable. I can see the officer's side after dealing with a stressful night of emergency calls, he or she was probably sick of seeing people off the road. Regardless of that, there is no entitlement in fair law enforcement... if it was clearly determinable that you had been operating negligently or without reasonable control, then it is fair as long as everyone else off the road was ticketed as well.

I would hold off on paying the fine and return the ticket with the intent to contest it in traffic court if that is a possibility. Honestly, it sounds like the only way out would be if the officer doesn't show up at the court date (set after contesting the ticket). If you were off the road and not jeopardizing the snow removal effort, other motorists' safety, I can't think of a fair or just reason to issue what sounds like a frivolous citation.

If you had help on the way, this sounds even more unreasonable and suspicious. In my experience... I grew up in Vermont.... most Police Officers will check to see if you're alright, have someone coming to help and then go on to the next assignment for the night. If it was snowing or otherwise inclement, I don't understand the lack of compassion towards your obvious misfortune; unless of course you could plainly see that you had done something reckless to end up off the road. I feel that from what I have read, that you acted in a safe manner, turning out before striking into the other vehicles.
Hope this helps and good luck.

Answer 2

You lost control of your vehicle, otherwise you wouldn't be in the ditch. Regardless of circumstance or intention, you operated your vehicle in such a manner as to lose control, as was readily appearant to a reasonable and prudent person upon the officer's arrival. Sorry to say it, but guilty as charged. Every state I know of has a stipulation about speed limits as well that ticks off a lot of drivers: Speed limit as posted as allowed by road conditions. If it's raining, snowing, icy...55 may be the posted speed limit, but you could still get a speeding ticket for running 40 if the officer believes that 40 is too fast to reasonably maintain control of your vehicle. I don't know the particulars about your case, but I betchya a dollar that whatever happened, you could have driven slower, followed at a greater distance, or stopped, or did SOMETHING to make your trip a little safer. Look at the bright side, you got a ticket from an officer, instead of getting a ticket from EMS (we call our run reports "tickets"....it's just too witty to not use it!)

Answer 3

That statute gives officers a gimme law, or something that is easily chargeable offense, without really anyway you can argue it, just like disorderly conduct (any manner or behavior that annoys someone). If you lost control of your vehicle swirving from an accident, you were operating it faster than you should have, If you were going at a slower pace, you would have had no problems, just is an easy charge in a ticketable situation.

Answer 4

Depending on the circumstances, like weather conditions, road conditions, skid marks on the pavement from your vehicle, eye witnesses they may have called the incident in., it really does depend on a lot of different factors. But to try and answer your question correctly, if any of those things happened above, no, the officer does not have to see you driving without reasonable control. And it could have been worse, lucky you. Go to court and explain what happened and what ever you do, don't plead guilty, it should get trown out.

Answer 5

If a police officer is yelling at you and dropping his administration, it ability you're doing some thing to electrify him into performing that way. it may be a robust theory to renounce performing up. that's sort of like poking a stick at a pit bull in somebody's backyard. faster or later, the pit bull will get away and commence tearing you aside like a bite of meat. And no, you are able to no longer tell a cop that he would be arrested for disorderly habit.

Answer 6

Maybe ..normally if your car slides ,or spins( to include skidding) and or becomes stuck along your way of travel , it means you temporarily lost control of your vehicle. or failed to keep full control , that is how you "became" stuck ,right.. I understand avoiding an accident , but you avoided with out maintaining full control ..had you had full control you would have gotten stuck . I would try to argue ,just for the fun of it , but it is a petty misdemeanor not worth worrying about

Answer 7

Not really. Unless you contest that some one ran you off the road.
But, the fact that it was snowing and your vehicle was stuck in a ditch or wherever, you lost control of the vehicle. Anytime you lose control of a vehicle do to your fault, you can get a ticket.

Answer 8

Yes of course they can ticket you without actually seeing the crime.

What they see is the evidence of the loss. just like any accident investigation.

It can be admended if you do a plea perhaps

Answer 9

i would think so. when you have to appear in court, tell the judge what happened. you could also seek help from a public defender to help assist.