Failure to keep vehicle under control ticket

[Packerfan]

What is the name of your state (only U.S. law)? WI

I was driving back to home on July 4th on Interstate 39 when a deer jumped about 10-15 feet in front of my vehicle. I tried to avoid hitting it by swerving to the left lane (I was driving in the right lane) and then I realized I was heading for the median very quickly, so I swerved back to the right lane, but it was kind of a sharp turn so my vehicle spun out once then ended up in the ditch! No one was hurt and no property was damaged (one of my car wheels got busted so i had to tow it)!

I got a ticket last week for "Failure to keep vehicle under control" $214 and 4 demerit points! the officer did not even ask me any question about the accident! he just took what a "witness" said!! the witness is not even qualified to be a witness because he was far behind me that he came to a complete stop on the shoulder of the road behind where I went into the ditch. he did not even see the deer.

The deer jumped very close to my vehicle and I did not have much time to process what to do! so I went with my natural extinct which resulted of me going into the ditch. It was 11 at night and dark.

I am thinking of contesting the ticket and plea not guilty. what do you guys think? do I stand a chance?

Thanks

 

[ecmst12]

Next time hit the deer.

 

[Packerfan]

^^ I have encountered many deers in my years of driving! it's not east to do when the deer is 15 feet away from you!!

better suggestion?

 

[ecmst12]

You may be able to plead down to something with no points...but you DID lose control of your vehicle.

 

[Packerfan]

it says on the citation "If you are found guilty of a traffic violation, your drivining record may be charged with demerit points. The court will not determine the number of points assessed against your record. your conviction will be reported to the DMV and they will assess the number of points against your record, depending upon the charge."

So does this pretty much means that if i am convicted, then I will be charged the 4 demerit points? then there's no point in contesting this because I know i lost control of the vehicle. right?

 

[OHRoadwarrior]

Did the ticket arrive in the mail? You may win the ticket by default if the only witness against you does not show up to the trial, or you can shake their testimony. I would try pleading not guilty and see what happens. Do Not Testify though, you will convict yourself.

 

[LdiJ]

What is the name of your state (only U.S. law)? WI

I was driving back to home on July 4th on Interstate 39 when a deer jumped about 10-15 feet in front of my vehicle. I tried to avoid hitting it by swerving to the left lane (I was driving in the right lane) and then I realized I was heading for the median very quickly, so I swerved back to the right lane, but it was kind of a sharp turn so my vehicle spun out once then ended up in the ditch! No one was hurt and no property was damaged (one of my car wheels got busted so i had to tow it)!

I got a ticket last week for "Failure to keep vehicle under control" $214 and 4 demerit points! the officer did not even ask me any question about the accident! he just took what a "witness" said!! the witness is not even qualified to be a witness because he was far behind me that he came to a complete stop on the shoulder of the road behind where I went into the ditch. he did not even see the deer.

The deer jumped very close to my vehicle and I did not have much time to process what to do! so I went with my natural extinct which resulted of me going into the ditch. It was 11 at night and dark.

I am thinking of contesting the ticket and plea not guilty. what do you guys think? do I stand a chance?

Thanks

That is a ticket that I would certainly contest.

 

[I_Got_Banned]

the officer did not even ask me any question about the accident! he just took what a "witness" said!! the witness is not even qualified to be a witness because he was far behind me that he came to a complete stop on the shoulder of the road behind where I went into the ditch.

Witness or no witness, the officer need not be a rocket scientist to conclude that you "failed to keep your vehicle under control".

I might even disagree that the witness needs to appear in court in order for the officer to make his case; I mean what are you going to argue? That you had full control of your vehicle and intentionally drove it into the ditch??? Even then, "intent" would imply reckless behavior and with damage to your property, a reckless driving charge would be appropriate!

he did not even see the deer.

Deer or no deer, you still "failed to keep your vehicle under control". The deer story is NOT likely to have ANY impact on the validity of the charge! But you're free to stick to it if it makes you feel more comfortable...

 

[ecmst12]

If you go to court, you may get them to reduce the charge to something without points. Do not expect a complete dismissal.

 

[OHRoadwarrior]

Unless OP made a statement to law enforcement or another witness, it can reasonably be inferred he ended up in a ditch AFTER the deer hit his car. Hence not his fault. All he needs to do is ask ticketing officer whether he knows deer did or did not strike his car, giving the end result.

 

[racer72]

Hit the deer next time. There is no evidence of a deer so your "story" may not have any weight in court.

 

[asiny]

As all have said, pleading your case in court might be best - speaking to the prosecutor to bring it down to a no-points ticket might be your best option. You will still pay a fine (and it 'could' prove higher than the $214) but it will not be as high as the insurance premiums

 

[Packerfan]

Thanks guys for your reply!
here's an update ...
I was charged for violating statue 346.57(2) .. this statue states
"(2) REASONABLE AND PRUDENT LIMIT. No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard for the actual and potential hazards
then existing. The speed of a vehicle shall be so controlled as may
be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with
legal requirements and using due care."

I dont see anything in there that could mean "Failure to keep vehicle under control"
I was not speeding ... and I did not hit anything, I just went into the ditch!

Now, do you guys think I can win it?

 

[Packerfan]

Did the ticket arrive in the mail? You may win the ticket by default if the only witness against you does not show up to the trial, or you can shake their testimony. I would try pleading not guilty and see what happens. Do Not Testify though, you will convict yourself.

so you're saying to actually go to the court and face the witness against me (would that be the officer?) ... because I was thinking about contesting in a written letter instead!

 

[ecmst12]

You can't just write a letter. Your only choices are pay the ticket or go to court.

And yes, you failed to control your speed enough to avoid driving off the road when faced with an unexpected hazard.