Auto accident, citation, wrong info

#1 02-10-2004, 12:06 AM

What is the name of your state? accident took place in New York, I'm from Rhode Island.

I'm Nick, age 20, and I got in an accident in which I recieved a citation. the accident happened when a gust of wind blew the ford explorer I was driving a little to the left, moving me from the left lane into slightly into the left break down (near the median). I moved the wheel slightly to the right to correct, and we went sideways and spun around 3 or 4 times, the final spin, we headed right for a New york state snow plow truck, the front of the car hit the blade of the snow plow and bounced us off the guard rail and back into the highway. I was doing about 55 when the accident happened. it was cold out, and there was an accident there just before (which is why the snowplow was there). the officer cited me for "unsafe speed", with no MPH written on the ticket. I wasn't speeding, and there was no cop in sight when it happened. the other thing was, this was my mothers car, and when he asked for my liscense and registration, I had to dig around for it, and finally found it, when he gave me the citation and my liscense and reg., I looked at it, and he had down a 1999 ford explorer. I was driving a 2002 ford explorer. I have pled not guilty, because I wasn't speeding. I've been driving since 16, and I'm almost 21, and have NEVER had any accident or moving violation, completly clean record.

1. is the wrong info grounds to get the charges dismissed?
it's a 4 hour drive one way from where I live in Rhode island, to where the court is in New york.

2. is the "unsafe speed" violation when no one was around to see how fast I was going, and no speed was marked in the police report or on the violation.

3. I have a completly clean record with almost 5 years of driving, could it get dismissed based on that?

my insurance is going to sky rocket if I lose this... please someone let me know what I should do and say at court. the date is march 31st at 7pm. meaning I have to leave at 3pm and will get home around midnight (If I'm lucky) I don't want this drive to be for nothing.... thanks

2.

stephenk · #2 02-10-2004, 12:09 AM

1. no

2. no. the fact that you lost control is enough to prove "unsafe speed". A slight movement to the right should not have thrown your car into 3-4 spins.

3. no.

#3 02-10-2004, 12:12 AM

I believe it was black ice that we hit, I shoudl have stated that earlier, because we were blown to the left in the breakdown lane. is it my fault black ice was there? if there was an accident there before it shows there was something wrong with teh road, the entier time I was there on the side of the road, I didn't see 1 salt truck go by to salt the road either. and it was really cold out (-15)

#4 02-13-2004, 05:43 AM

You can't be responsible for the weather but need to slow down for changed road conditions. What was the posted speed on the highway? I read the incident you described and I think you are lucky you were not seriously hurt.

tammy8 · #5 02-13-2004, 06:29 AM

Your insurance will likely go up regardless of whether or not the ticket is dropped because the company apparently ended up paying out to repair your car.

#6 02-14-2004, 01:10 PM

yes, I'm definetly lucky, as is everyone else in the car. the speedlimit was 65. and I was doing a little over 55. probably slower because I hit the brakes when we first swerved left. when I moved right is when we spun. I got a copy of the police report and it has nothing about my sped also says I "slid" into the plow, has nothing about spinning. should I even tell the judge baout spinning? but it had to ave been black ice on the side of the road, I've never lost control like that for making such a minor correction in steering. I was in my mothers car, who has a different insurance, so shich insurance pays for it, my moms or mine?

I AM ALWAYS LIABLE · #7 02-14-2004, 01:17 PM

My response:

There was no "black ice". It was a combination of those lousy tires, and the drugs you were on. Sue Ford, and your supplier.

IAAL

mykoleary · #8 02-14-2004, 01:58 PM

Quote:

but it had to ave been black ice on the side of the road, I've never lost control like that for making such a minor correction in steering. I was in my mothers car, who has a different insurance, so shich insurance pays for it, my moms or mine?

Nope, that's what happens when you hit the brakes at 55+ and turn the wheel at the same time.

You were driving it. If you have insurance, it's all theirs.