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05-03-2009, 10:31 AM
| | Junior Member | | Join Date: May 2009
Posts: 2
| | | How do I fight a "Driving to Endanger" charge? I live in the state of Maine and I recently had car crash in the parking lot of my school. I was leaving class and was about to make a sharp left turn. I was in a hurry and half way in the turn the vehicle stopped turning. I went to slam on the brakes but slipped and hit the gas. The vehicle being RWD, then fishtailed. I eventually found the brake pedal but by then it was too late and I had struck a parked truck which then collided into another car next to it. I can’t tell you how fast I was going but I believe I wasn't going excessively fast to were I thought I wasn't going to make the turn. My car does have previous suspension damage that can possibly affect the steering which I thought could be a factor in the accident. From the previous incident, the front left wheel was pushed back to where it would rub against the back of the fender during sharp turns. During braking the fender gap would decrease even more. The cops showed up and upon being questioned I regrettably admitted that I was going too fast and simply lost control of the vehicle. They took pictures of the crash and I'd have to say that the crash looks worse than what really happened. I hit the truck in a vulnerable spot along the side of the bed. Having no weight in the bed, the rear end of the truck swung and struck a subcompact parked beside it. My car had sustained minimal damage, airbags did not deploy and the car was still drivable. The looks of the crash suggested I was going extremely fast. I received a summons with a "Driving to Endanger" charge. I’m only 20 but I have no record or previous speeding or reckless offenses. Can you help me and my situation? | 
05-03-2009, 12:11 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,586
| | Gee, it sure sounds like you're guilty to me: Quote: |
Originally Posted by §2413 Driving to endanger
1. Definition. A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.
1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person.
2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence.
3. Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended.
4. Exception. This section does not apply to the operation of a vehicle:
A. In racing events and exhibitions at which the public does not have access to the operating area; or
B. On private land to which the public does not have access when used by or with authorization of the landowner.
5. Notice. The court shall give notice of the suspension and take physical custody of a driver's license as provided in section 2434. | Quote: |
Originally Posted by §35 Definitions of culpable states of mind
A. A person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result.
B. A person acts intentionally with respect to attendant circumstances when the person is aware of the existence of such circumstances or believes that they exist.
A. A person acts knowingly with respect to a result of the person's conduct when the person is aware that it is practically certain that the person's conduct will cause such a result.
B. A person acts knowingly with respect to attendant circumstances when the person is aware that such circumstances exist.
A. A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result.
B. A person acts recklessly with respect to attendant circumstances when the person consciously disregards a risk that such circumstances exist.
C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.
A. A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result.
B. A person acts with criminal negligence with respect to attendant circumstances when the person fails to be aware of a risk that such circumstances exist.
C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.
5. "Culpable." A person acts culpably when the person acts with the intention, knowledge, recklessness or criminal negligence as is required. |
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | | 
05-03-2009, 12:34 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Lucky that you hit parked cars and not cars with people in them.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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