How can I fight this ticket?

Question

I was driving toward the top of a hill, as I drove over the peak of the hill a truck pulled in front of me on a snow covered, and untreated road, I started to brake and lost traction.
I ended up wrecking my friends mothers truck into the back end of the truck in front of me. The vehicle I was driving (aka "my truck") has extensive front end damage, hood bent into a A shape, passenger side fender rubbing the tire, radiator leaking like a wailing baby, sorta' like me at this point.
The guy I hit, 1ft width, 2 inch deep dent in his bumper... no other damage. The cop comes to the scene shakes the hands and greets the driver, by name they chat. Officer takes all involved information and proceeds to chat with his buddies I hit. Shortly after, the guy I hit drives off, soon after, I'm handed a ticket for "speeds to fast for conditions"

I'd like to point out the officer did not take any statement from me, and I was given no chance to talk with him about the ticket.

If I'm the only one thats ever slid down that hill under the same weather conditions I'm a monkeys uncle. The roads were untreated, and at the particular area of the road I began to brake a cascading problem started, breaks locked up, there was no amount of slowing down before hand that could have saved me.

Being that I was the one in the drivers seat wouldn't my word be fairly important? Another thing "to fast for conditions" I was doing about 15 at the top of the hill, the reason for so much damage to "my truck" was speed gained whilst sliding down the hill, not my initial speed. So... how fast do I go now? How can a cop right me a ticket based on circumstances he can't be sure of, but I can't use my own circumstances in my defense? Is this a case of "the cops right and I'm boned" no matter what?

My record is spotless, no speeding tickets or any at all for that matter, there was no evidence that I was purposefully exceeding safe speed limits for the conditions save perhaps the damage to my truck, there was no investigation by the officer, he didn't check for deep trails in the road that might show a very far stopping distance from start to finish. He even asked if I've ever gotten a ticket and was surprised that I never have, leading me to believe that he thought I was honest to god reckless. And that I think is the problem here. The officer talked to his friends who instinctively peg the guy that hit him as reckless and such, and I get stiffed cause they 're buddy-buddy and my truck is damaged WAY more than the speed I hit the truck would logically indicate.

Answer 1

First of all, it was an accident, not an on purpose. You didn't state how the truck pulled in front of you. Where did he come from?. That might change the scenario. Let the insurance company handle it for now. As far as the citation, If the insurance company handles the damage, most likely the other driver won't show up in court, and since the Officer didn't witness the accident, it will be dismissed.

Answer 2

The LAW states that if you hit someone from behind---as you did with the truck (you stated that your ended up "wrecking my friends mothers truck into the BACK END of the truck in front of me)... legally, YOU are totally at fault.... you are ALWAYS supposed to be aware of what is around you while driving....ESPECIALLY in front of you... and, had you been going a bit slower, you might have MISSED the truck altogether.... SPEEDS FIT FOR CONDITIONS is a broad term..... if there was ice and snow on the roads, then you probably were going to fast even IF you were going just below the posted speed limit..... the ONLY way you can fight this is --if you have been driving for more years then the cop who gave you the ticket... that is EXACTLY how my stepfather got out of a similar ticket years ago... he had been a professional bus driver for 25 years and the cop had only driven his squad car for 3 years... stepdad then asked --WHO is more likely to know how to drive in those conditions present on this day and the judge agreed with my stepfather and dismissed the case.... good luck son. Oh one thing I forgot to mention.... in my stepfather's case, there was NO ACCIDENT.

Answer 3

YOU STATE YOU WERE DRIVING AND A TRUCK PULLED IN FRONT OF YOU.
YOU STARTED TO BRAKE, LOST CONTROL AND HIT THE BACK END OF THE TRUCK?

YOU OBVIOUSLY WERE NOT TRAVELING AT A SAFE DISTANCE? I KNOW YOU SAY THE TRUCK PULLED OUT IN FRONT OF YOU; BUT YOU HIT THE TRUCK IN THE REAR? SO YOU MUST HAVE BEEN GOING TO FAST TO STOP, OR THE CONDITION OF THE ROAD WAS AN IMPAIRMENT TO YOUR JUDGMENT. THIS IS HOW THE LAW READS. YOU WERE AT FAULT AND HIT THE OTHER VEHICLE IN THE REAR. NOW THE OFFICER ONLY NEEDS TO SEE THE ACCIDENT AND CAN SURMISE THAT YOU WERE AT FAULT.

ON THE OTHER HAND, YOU HAVE THE RIGHT TO BE HEARD BEFORE A JUDGE AND A JURY IF YOU SO CHOOSE AND PRESENT YOUR EVIDENCE. THAT IS THIS VEHICLE PULLED OUT IN FRONT OF YOU AS YOU WERE CRESTING A HILL AND COULD NOT SEE THE TRUCK TILL IT WAS TOO LATE.
PROBLEM IS IF YOU COULD NOT HAVE SEEN THE TRUCK, THEN HE DID NOT KNOW YOU WERE COMING EITHER AND HAD THE RIGHT TO PULL OUT?
YOUR CALL. GOOD LUCK.

Answer 4

In virtually every state where fault is attributed you would be considered the 'at-fault' driver. You were either too close (failure to maintain proper distance) or moving too quickly for conditions (On a snow covered road your speed should be reduced enough to maintain control of your vehicle). Obviously you can stop on an icy road or else everyone would always be hitting everyone else while driving around in these conditions. The fact you hit someone in the rear end pretty much makes it your fault in this scenario. Not much you can do to fight this but feel free to show up at traffic court to plead your case.

Answer 5

That's a tough one. Generally the police should have taken a statement, however, it seems there might not mush you can do. I recommend talking to a lawyer and get their recommendation on it. Many times, if you take it to court and they forget to get a statement, and given the situation, they may throw the ticket out. That's seems just like an honest accident. If you have any pictures, that would help or if the police took any. Might be worth looking into more. Sounds like a good ole buddy system there and it might be better off to take the ticket and let time go by and it will drop off.

Answer 6

Whoever said that since the officer didnt observe the violation, they cant write a ticket, is in the wrong forum and has no clue what they are talking about.

I would recommend pleading Not Guilty to the ticket and asking for a Pre Trial conference with the prosecutor to try and work out a deal. There are alot of unknowns, such as your drivers record, vehicle insured?, ect.

Answer 7

Put the ticket in a ring and try some uppersuts to the mid section and follow up with a roundhouse kick to the top. Down for the count!!!

Answer 8

you can have your day in court. You might have a good case since the other driver came in front of you. But if you couldn't see him, he couldn't see you. So I think it is your fault.

Answer 9

Well for one thing if the officer didn't witness the accident he can't give you a ticket. That would be your best bet to dispute it, not to mention the fact that if you actually take it to court, they normally throw it out anyways because the cop is too lazy to show up.

Answer 10

go to the court!