• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Failure To Control Vehicle Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

marcw91377

Junior Member
What is the name of your state? AZ

While attempting to turn right from a 2 lane road onto another 2 lane road and traveling 2 mph on a city of Tempe, AZ city street, my vehicle left front fender scraped the rear right fender of a vehicle attempting to turn left. The vehicle in front suddenly stopped short of the left turn causing the vehicles to barely kiss. There were no injuries and there was zero damage to both vehicles. The Tempe police issued me a ticket under statute 28-701A "Failure to control vehicle to avoid a collision". Under the circumstances I believe the issuance of a ticket is way overboard and in my opinion only a money making ploy. The police officer stated that everyone in Tempe is issued a ticket when their vehicle touches another vehicle. I know this not to be true, since in a separate incident where my vehicle was struck, a ticket under the same statue was not issued. The statute uses the term "Highway" not roadway. All photos and written commentary with regards to the use of the word "Highway" as provided by the DMV drivers license handbook and AZ DOT clearly shows a "Highway" to be other than the type of road this minor incident took place on. So on two fronts I would appreciate if anyone can direct me to written documents, articles, Police Procedure Manual, that will negate such a ticket when taken to court. Please respond to [email protected]
 
Last edited:


Zigner

Senior Member, Non-Attorney
All photos and written commentary with regards to the use of the word "Highway" as provided by the DMV drivers license handbook and AZ DOT clearly shows a "Highway" to be other than the type of road this minor incident took place on. [/email]
Arizona Legislature says: "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.

(http://tinyurl.com/y4ncwc) Look at definition #51

PS: The drivers handbook is NOT the law - rather, it is a summary of the law
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top