First car Accident.. and first ticket.

What is the name of your state? What is the name of your state? Florida

I wasn't sure if I was supposed to post this in accidents or Traffic tickets, but I wouldn't have recieved the ticket if I weren't in the accident, so I think its best posted here.


I need help with the legal issues of an accident on the 26th of January.

I was driving down a 4-lane divided highway driving up an overpass,
when the car ahead of me (for the sake of ease, we'll call car #2) hits brakes hard, and I respond by hitting my brakes.

My brakes lock, and I skid to the point where I believe I will impact the other vehicle if I continue, so I swerve into the right lane to avoid a collision.

This causes a fishtail of my car.. which was extremely unexpected, and I wrestled for control over the wheel which proved to be impossible.

I impacted a guard rail at 25mph, cracking my radiator, A/C lines, destroying the font bumper and hood, totalling my car.

Since the sequence of events that took place are pretty complicated, here's a graphic of the events.

[url]http://www.skalar.org/wreck.gif[/url]

The Drivers of Car #2 stop and help, and told me and my passenger, that there was another car (Car #1) that stopped in the middle of the road, which caused them to hit their brakes hard.

The fire department arrives and puts the vehicle in a safe area off of the road and after they leave a Florida State Trooper arrives on the scene.

The tropper asks the drivers of car #2 what happened, then asks myself and my passenger.

He said "Well, they [car #2] stopped fine, and you didn't, and you are the one that wrecked so I am writing this up as 'careless driving'"

I told him I couldn't have done any better, and there was over 100 feet between me and car #2. I was going 50mph, when the speed limit was 55mph.

I told him this because it was the truth, but he would have none of it. He started to write out the ticket and would finish it.

I told him I would contest it. He told me that I wouldn't win. and that I had 3 Options.

I could either Pay the fine ($83) or go to traffic school (pay 15% less) or I could go to court to challenge it.

Paying the fine meant I got points on my license.

going to traffic school meant that I got no points on my license.

and going to court could cost me a $500 penalty, traffic school and points if I lose.


I've NEVER had a traffic ticket before. I'm very careful, and never dreamed I would get into an accident like this. I have a clean record, and I'd like to keep it that way. I found out that if you want to take traffic school, you need to plead guilty and it will be on your driving record. I don't want that.

Could I win this case if I chose to fight it?
I have the time, and I think its worth fighting if I could win. My passenger said he would help if needed, and will basically say anything that would help me.

If I can't get out of this any other way, Could I get it dismissed on a technicality?

The trooper never saw the accident, nor did he at any time before writing the ticket exit his vehicle.

He also wrote the incorrect intersection and road we were on..
Could this work in my Favor?

Any helpful tips on fighting it would be great... or should I take the class? Tell me what you think.

[racer72]

No where in your post do you provide any evidence that the ticket was not warranted. The officer did not have to see the accident, he had plenty of witnesses and your wrecked car as proof. I would suggest contacting an attorney, if you can find one that will accept your case, if you want to fight the ticket. Traffic school sounds like your best choice.

I thought the places where the ticket wasn't warranted were:

in the fact that I did all the procedures in my power and ability necessary to prevent the accident.

and that the individual blocking the left lane by going zero on a 4 lane highway created the situation in the first place.

I have witnesses (people in car #2 that can testify to this)


When I hit the brakes they didn't slow me down that much, I was on an incline, but that really seems that it would help me rather than hurt me.

Would that be a good defense against a judge or magistrate?

[racer72]

Would that be a good defense against a judge or magistrate?

No. As the operator of a motor vehicle on a public highway, it is your responsibility to be in control of that vehicle at all times and to not place the vehicle in a hazardous situations. If you had been more aware of the traffic conditions and left enough room to allow for a safe emergency stop, you would not have wrecked your car. And the fact that you were the only one to wreck their car proves this. And your little graphic of the accident is even more incriminating, I would not show that to a judge at all.

In order to have a citation dismissed, one of the following must happen:
1. You have proof that you did not commit the infraction. Your wrecked car is proof you did commit the infraction.
2. There was a procedural error with the traffic stop. Hmmm, officer is called to a single car accident and makes a valid determination that he feels warrants a citation. No errors there.
3. There is an error on the citation that restricts your options for defending yourself in court. You provide no info about the ticket itself so it must be in order and correct.

Your defense is that a car was stopped in the road. That is a contributary but avoidable cause. Every other car on the road that day avoided that particular hazard, you did not. Unless you can come up with something else, you have no plausible defense. That is why I suggest you consult with an attorney. An experienced attorney will be able to physically examine everything and may find something to help your case. Good luck.

The ticket says that the accident occured at S.R. 55/26th Ave

The accident occured at US-301 at 15th St. East.

I have people that can testify to this.


Also, you say that the officer had witnesses and my wrecked car as proof, but if the officer wasn't at the scene, could I object to the officer as a witness against me, because he was not at the scene?

The officer arrived, making a guess as to what had happened.

I could ask the judge to dismiss the ticket due to the fact that the accident didn't happen where stated on the ticket, if the judge denies that,

I could Object to the officer as a witness, telling the judge that the cop has nothing to offier in the way of relevant testimony in the matter at hand.

Then ask the judge to dismiss the ticket on lack of prosecution.


What do you think?
Thanks for your replies in all of this, by the way.