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hit a fire hydrant but it was not really my fault

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dj15

Junior Member
What is the name of your state? IN cincinnati ohio I recently was in an auto accident in which i hit a fire hydrant. I was cited with failure to maintain control. The problem is that the only reason i hit the fire hydrant is because someone was coming into my lane, like i must have been in his blindspot or something and he was coming on over. so naturally i hit the breaks as to avoid him colliding into my car. when i did so my car slid into a fire hydrant because the road was wet. i did not get the license plate of the car that almost hit me. (i have never been aiin a situation like that and it was the last thing on my mind) the officer said that the reason he had to give me a citation was because i damaged public property (the fire hydrant) so now i have this citation and i am only 17. in ohio, if you get a second citation they take your license for 90 days!! this would be very detrimental to me and my family as i take my sister and brother to places (sports, extracirriculars etc) all the time. my question is does anyone feel that the court would be able to not give me the suspension because i only collided with the fire hydrant to avoid another collision that would not have been my fault. I do not mind paying the damages for the fire hydrant but the logic to take my license away seems slightly flawed. What do you think? thanks for your opinions and any advice you can give me would be greatly appreciated


*the officer officially cited me for Failure to Maintain control
 
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seniorjudge

Guest
dj15 said:
the officer officially cited me for Failure to Maintain control
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If you had a wreck, then you did not have control of your vehicle (for whatever reason).

When you go to court, ask the judge if there is some kind of diversion he can put you on. Maybe you can keep your license and points off your license.

If the judge says there is a diversion program, be sure to follow to the letter the instructions he gives you!
 
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You Are Guilty

Senior Member
dj15 said:
What is the name of your state? IN cincinnati ohio I recently was in an auto accident in which i hit a fire hydrant. I was cited with failure to maintain control. The problem is that the only reason i hit the fire hydrant is because someone was coming into my lane, like i must have been in his blindspot or something and he was coming on over. so naturally i hit the breaks as to avoid him colliding into my car. when i did so my car slid into a fire hydrant because the road was wet. i did not get the license plate of the car that almost hit me. (i have never been aiin a situation like that and it was the last thing on my mind) the officer said that the reason he had to give me a citation was because i damaged public property (the fire hydrant) so now i have this citation and i am only 17. in ohio, if you get a second citation they take your license for 90 days!! this would be very detrimental to me and my family as i take my sister and brother to places (sports, extracirriculars etc) all the time. my question is does anyone feel that the court would be able to not give me the suspension because i only collided with the fire hydrant to avoid another collision that would not have been my fault. I do not mind paying the damages for the fire hydrant but the logic to take my license away seems slightly flawed. What do you think? thanks for your opinions and any advice you can give me would be greatly appreciated


*the officer officially cited me for Failure to Maintain control
Click to expand...

Your reasons for hitting the hydrant, while noble (?), are wholly insufficient to create a valid legal defense. You may be able to avoid suspension if the judge is in a good mood that day and you cry like a baby, but I wouldn't count on it.

Consider a local traffic lawyer if it's really that important that you not lose your license, because you're really taking your chances if you just show up in court with the story you gave here.

Oh yeah, consider getting some driving lessons also. There's no reason why this accident had to occur.
 
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seniorjudge

Guest
You Are Guilty said:
Your reasons for hitting the hydrant, while noble (?), are wholly insufficient to create a valid legal defense. You may be able to avoid suspension if the judge is in a good mood that day and you cry like a baby, but I wouldn't count on it.
Click to expand...
I strongly suspect that the judge has seen that one before!

Anyway, poster, traffic offenses are "public welfare offenses." There is no intention required to commit them. You were speeding or you were not speeding; you paid your taxes or you didn't pay your taxes; stuff like that.

So (obviously) regardless of the story you tell (and I have heard your story before...in fact, the cops have a term for it: "the black dog story"*), you must realize that if you had a wreck, you could not possibly have been in control of the car.

*Cops have heard for eons now that it was not the driver's fault for the wreck for crying out loud, but the black dog that ran across the road that the driver swerved to avoid.

Suggestion: How about telling the truth?! Say, "Judge, you know, I just was not paying attention and I had a wreck. I don't have any excuses. I really need my license, however, and if you let me keep them, I will do everything in my power never to have a wreck again."

(Telling him you need a license to carry children around is probably a bad idea...especially since you just had a wreck.)
 
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dj15

Junior Member
thanks for your advice that you have already given me but i am not familiar with diversion programs. Is a diversion program like a driving school or driving training? What does a diversion program typically entail and do they cost money for you to attend? If so typically how much?
 
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seniorjudge

Guest
dj15 said:
Is a diversion program like a driving school or driving training?
Click to expand...

I don't know anything about costs.

A diversion program is education, teaching you how to stay out of the court system. I believe they work fairly well.
 
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dj15

Junior Member
thanks, this makes me sound like some juvenile delinquent but its probably better than not haveing a license for 90 days... i mean i am an honor student in one of the top highschools in the state and i will be going to one of the top colleges in the country, i am an eagle scout. i am not an unruly person. thank you for your help. do you know any places i could call to get information on these programs (if any) in advance? then i will try and refrain from buggin you with any more questions...lol
 
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