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I have a court date next month for a careless driving ticket I got in January. I got the ticket after sliding on the highway during a snowstorm and then a car ran into me. There were no injuries, and we both were able to drive home after. The police officer on the scene came up to me and said "I'm giving you a ticket because there's a lot of damage to his car". I don't think this is right. I was blamed 85% by insurance company. They will raise my rates $300 a year for 3 years if this ticket stands.

I just want to know if you think i have a case. And if not, what will happen if i lose the case? I'm also trying to find out how many points resulted in the ticket. any advice would be great, thanks!

2007-03-20 09:50:26 · 11 answers · asked by jaye 2 in Politics & Government Law Enforcement & Police

just wanted to add the ticket was only for $50, and i'm going to court in DE (where the accident happened) 2 hours away, i'm in pa

2007-03-20 10:21:47 · update #1

11 answers

A lot of it depends on the judge. If you can make a good case and yet you still lose the overall battle, you may end up having to pay but it might be a reduced fine. If the judge feels you were wasting his time, you may pay the full fine plus court costs. Good luck with it. If your car was out of control at the time, even if you were trying to be careful, they can always say you were driving faster than conditions would call for. A lot of times (are you a gambler?) the officer doesn't even show up for the hearing and the ticket is automatically dismissed.

2007-03-20 10:01:33 · answer #1 · answered by BigRichGuy 6 · 0 1

Usually even if you lose a case then you will be fined for whatever the ticket is stated at. However more often than not a ticket maybe reduced if you proceed to a court hearing.

Be prepared and write down the facts and come with a ready-made story. This way you won't be thinking and racking your brain when the judge is asking you questions about the incident. Just make sure you have everything straight. Also if you have any witnesses that may help you that would be a plus.

I think more than anything the police gave you a ticket so that you would have to proceed with insurance. He probably was not directly blaming you if he actually saw what happened. Either way I do think you have a case and might want to take the effort to contest it.

2007-03-20 09:56:26 · answer #2 · answered by Mike 2 · 0 1

In my opinion, you have no case. Just because the officer said he was doing it because the other car had a lot of damage doesn't mean that was the way you interpret it. Even the insurance companies agreed it was primarily your fault. Maybe the officer was only saying that, in spite of the fact that it was your fault, he wouldn't have given you a ticket if there had been no damage. But since everyone seems to agree that you were at fault, you have no case.

When you lose, you will be told to pay the fine. Depending on where you live, you may also be given an opportunity to pay more for tuition to a one day driving course that will remove the point.

2007-03-20 10:00:11 · answer #3 · answered by Larry 6 · 1 1

In the State of TX this is called "Failure to Control Vehicle".
I was driving on ice when I approached a bridge. Though I slowed down,I still hit some ice and my car started to spin as I climbed an overpass.
My car was the only one involved and it was totalled.
It was a used car that I had just bought and hadn't even made the first payment so to add to the sting,I was issued a ticket for "Failure to Control Vehicle".
I wanted to contest the ticket but there was no evidence that I could present to prove my innocence. . . as it was explained to me by a lawyer friend of mine,the fact that I did indeed have a wreck even though on ice. . . I should have slowed down even more than I had to avoid the accident. . . .truth of the matter is that I should have avoided that overpass altogether and since then when the weather is snowy/icy I do indeed avoid that bridge.
You apparently got ticketed for the same reason and your "Failure to Control Vehicle" involved another car whereas I hit the concrete enbuttments (my scars are still there 9yrs later) and you are liable for the repairs of that vehicle.
You can TRY to beat the ticket and the judge may fine you more than what just going in and paying the ticket would cost you or he could fine you less than just going in and paying the ticket BUT I don't think you are going to get out of the ticket altogether.
At first I decided to fight the ticket and got a court date.(In my heart I just knew that I could beat it) but after talking to my lawyer friend I decided I was not willing to take the chance of possibly being assessed a fine higher than the one already set for a guilty plea so I dropped the court date and just paid the ticket.
Yes,I took it in the shorts with the insurance company but what else can you do?

2007-03-20 16:12:39 · answer #4 · answered by Just Q 6 · 0 1

If the car hit you from behind it is actually his fault for following too closely for the conditions. If you spun and crossed into his lane before he hit you it is your fault and there is not much that you can do. It is ALWAYS good to go before a judge in those matters as the judge will usually reduce the fine even if you just show up and plead guilty. The judge has ALL the discretion to reduce the fine or throw it out altogether.

2007-03-20 09:56:16 · answer #5 · answered by joeinchino2000 4 · 2 1

There isn't anything additional the judge can charge you with if you lose fighting the ticket. It is usually in your benefit to tell the judge your side of the story. He may believe your story and let the ticket go.

Trust me...go to court!

2007-03-20 12:12:44 · answer #6 · answered by Jon L 2 · 0 1

you would have about the same judgment as the ticket if you lose and you probably pay court costs and your lawyer if you have one.

You could argue that the car that hit you was driving too close for the conditions , since he wasnt able to stop when you spun out.

2007-03-20 09:59:50 · answer #7 · answered by mark 6 · 1 1

Without seeing the mechanics of the accident, I fail to understand how you can be blamed when the other driver ran into you. Unless you were in the wrong side of the road, when it happened, I would fight the ticket, and hope that the judge sees it your way.

2007-03-20 09:56:59 · answer #8 · answered by Beau R 7 · 0 1

If you lose the case you will receive a fine and court cost, since you might lose points and have your rates increased it is best to get a Lawyer to fight for you.

2007-03-20 15:26:01 · answer #9 · answered by boddkins 2 · 0 1

you pay the fine

2007-03-20 09:58:01 · answer #10 · answered by plhudson01 6 · 0 0

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